Who Can See a Sealed Record in Colorado?

Before sealing your criminal record, it’s worth understanding exactly who can see it afterward.  Sealing removes your record from public view, but it doesn't make it disappear entirely. Here's exactly who can and cannot access a sealed record in Colorado.

The short answer: sealed records are hidden from the public, most employers, landlords, colleges and universities, financial institutions, and background check services — but certain government agencies and law enforcement can still access them under specific circumstances.

What "Sealed" Actually Means

When your record is sealed in Colorado, it is removed from public databases and shielded from most background checks. For practical purposes — most jobs, housing applications, college admission — a sealed record does not exist. You are generally not required to disclose it, and it will not appear on standard background checks run by employers or landlords.

But "sealed" does not mean "destroyed." The record still exists in Colorado's court and law enforcement systems. The difference is who has permission to access it.

Who CANNOT See a Sealed Record

Once your record is sealed, the following cannot access it through normal channels:

• Private employers — a sealed record will not appear on employment background checks. You are not required to disclose it on job applications.

• Landlords and property managers — sealed records do not appear on tenant screening reports.

• Educational institutions — colleges and universities conducting standard admissions background checks will not see a sealed record.

• The general public — anyone searching public court records or commercial background check websites will not find a sealed record.

• Most financial institutions — banks, mortgage lenders, and credit agencies conducting standard background checks will not see sealed records.

• Background check companies – background check companies accessing Colorado court and arrest records are no longer allowed to maintain their own databases of this information.  When a record is sealed in Colorado, it should no longer appear in a commercial background check.

Who CAN Still See a Sealed Record

Colorado law allows certain agencies and entities to access sealed records under specific circumstances:

1. Law enforcement and criminal justice agencies
Police, sheriff's departments, probation or parole offices, and other law enforcement and criminal justice agencies can access sealed records for official purposes. If you are arrested or investigated for a new crime, law enforcement can see your sealed record.

2. Prosecutors
District attorneys and other prosecutors can access sealed records when prosecuting new criminal charges. A sealed record can be considered during sentencing for a new conviction.

3. Courts
Colorado courts can access sealed records in the context of new criminal proceedings.  (And, typically, a new conviction will result in the court permanently unsealing the sealed case.)

4. Certain other government agencies
Colorado sealing protections do not apply to entities legally required to conduct a criminal history record check on a person.  Who does this affect?  Common examples in Colorado include people applying for employment in schools, and applicants for many types of professional licensing, such as medical, nursing, real estate, stock broker, automobile sales, and others.

5. Firearms dealers

Most firearm dealers are required by law to perform a criminal record check on purchasers.  In Colorado, this check is performed through the Colorado Bureau of Investigation, which will flag a relevant conviction, even if it has been sealed. 

6. Immigration Officials

If you are being investigated by immigration authorities, they will have access to your sealed record.

7. You
You can always access your own sealed record.

What About Background Checks for Jobs That Require Security Clearances?

Some jobs require background checks that go beyond standard employment screening — for example, a commercial driver or construction worker who needs access to a military base, airport, or other federal facility, or an applicant for a position requiring a federal security clearance. Whether a sealed Colorado record will appear in these situations depends on who is conducting the check and under what authority.

A background check conducted by a private employer using a commercial background check service should not reveal a sealed Colorado record. But if the check is conducted by or on behalf of a federal agency — the FBI, the Department of Defense, the Transportation Security Administration, or another federal authority — Colorado's sealing protections may not apply.

The honest answer is that this is a gray area, and the outcome in any specific situation will depend on the agency, the nature of the position, and the legal authority under which the background check is conducted. If you are in a situation where a federal background check is required, we recommend consulting with an attorney before assuming your sealed record will not appear.

Do You Have to Disclose a Sealed Record?

Unless your situation falls into one of the categories above, no — you do not have to disclose a sealed record on job applications, housing applications, or most other forms. Colorado law generally allows individuals with sealed records to answer "no" when asked whether they have been arrested or convicted of an offense that has been sealed

However, there are important exceptions:

• Applications for law enforcement positions — you may be required to disclose sealed records

• Applications for positions with certain government agencies — some government employers have access to sealed records and may require disclosure

• Applications for professional licenses — where the licensing board has statutory access to sealed records, disclosure may be required

• Firearm purchases – as described above, a firearm dealer conducting a background search will be able to see a sealed conviction, and failure to disclose it could constitute a separate criminal offense.

• Immigration applications – you should anticipate that immigration authorities will have access to your sealed record.  Failing to disclose a sealed case may be more damaging than the sealed offense itself.  You should consult an immigration attorney if you have any questions about this.

When in doubt about whether you need to disclose a sealed record in a specific situation, consult an attorney.

Does Sealing Affect the Colorado Bureau of Investigation Record?

Your CBI arrest record is one of the primary sources for background checks in Colorado. When your record is sealed, the CBI is required to seal its records as well. A properly sealed CBI record will not appear on standard background checks run through the CBI.

The Bottom Line

Sealing your Colorado criminal record provides meaningful, real-world protection from disclosure in most everyday employment, housing, educational, and financial situations. But it is not a complete erasure. Law enforcement, prosecutors, courts, and certain government agencies retain access, and federal background checks operate under different rules.

If you have questions about whether your specific record qualifies for sealing, or about how sealing would affect your specific situation, we offer free consultations at the Law Offices of Joshua Johnson.

Call us at (720) 541-8583, email us at josh@johnsonlawllc.com, or use the contact form on our website. We respond same day.

Josh Johnson is a Colorado criminal defense and record sealing attorney licensed since 2010, serving clients statewide from his office in Aurora, Colorado.