How Long Will a Criminal Case Stay on My Record? (Colorado Law)

The quick answer: Forever. Unless you seal the case.

Let’s discuss what is sealable, and when it can be sealed. Colorado has certain cases that are not sealable under the current law, and other cases that have a waiting period.

When considering a plea offer, many of my clients ask: How long will a criminal case stay on my record?
The good news is that many cases in Colorado care sealable.
In this post, we’ll cover what can be sealed, and what might just be on your record permanently. We’ll also cover how traffic infractions differ from criminal cases.

Public Records vs. Private Access

In Colorado, criminal and traffic cases are part of your public records unless they’re sealed. These records remain visible to employers, landlords, and the public. Believe it or not, this even includes improper arrests and dismissed cases—unless sealed. Sealing doesn’t destroy records; instead, it prevents general (or public) access to the records. Typically, if a case is sealed, and a check is requested, an agency will answer “no such record exists”, and/or not include that record on a background check. Law enforcement agencies, courts, and certain licensing authorities still retain access even after sealing.

Expungement vs. Sealing

Colorado provides for expungement for juvenile offenses. “Sealing” is the term used for adult (18+) offenses.

Record Sealing: What’s Eligible?

Let’s break down which types of adult records can—and cannot—be sealed in Colorado.

Eligible for Sealing

• Non-conviction cases: Arrests with dropped charges, dismissed cases, or acquittals can be sealed.
• Diversion and deferred sentencing: Acquittals after completing diversion or deferred judgment may be sealed without a separate process
• Certain convictions:
  • Petty offenses.
  • Misdemeanors.
  • Lower‐level felonies (class 4, 5, 6 non-violent, and level 2–4 drug felonies). These became newly eligible after HB 19‑1275. Keep in mind, there are mandatory waiting periods for convictions.

Waiting periods apply for eligible convictions:

• 1 year for petty offenses.
• 3 years for misdemeanors and class 4–6 felonies (or level 3–4 drug felonies)
• 5 years for higher eligible felonies

Most nonviolent misdemeanors and lower‐level felonies are sealable. In contrast, petty offenses, diversions, and dismissals may even qualify for automatic sealing if all conditions are met.

Ineligible for Sealing

You cannot seal:

• Traffic offenses, including DUIs (note: a dismissed, or successful deferred DUI is eligible)
• Violent and sexual felonies, class 1–3 felonies (with a narrow exception for old marijuana cultivation cases)
• Homicide, certain weapon offenses, sex crimes, or adjudicated violent juvenile records
• Multiple convictions in the same case: The court seals only if all charges in that case are eligible

A DA may petition to seal an otherwise ineligible misdemeanor if a judge finds “significant and substantial need,” no danger to public safety, and insufficient public interest.

Traffic vs. Criminal Records

Traffic Infractions and Misdemeanors

Under Colorado law, no traffic offenses—from speeding to DUI—can be sealed. They live on your record forever. This means:

• Even after a DUI sentence and completion of probation, the offense remains visible.
• Unlike criminal convictions, traffic infractions do not qualify for sealing or expungement.

If traffic offenses could be sealed, it is likely that the system would be swamped with petitions to seal traffic matters.

Criminal offenses can be sealed based on the criteria above. Once sealed:

• The record is hidden from public background checks.
• But law enforcement, courts, and certain employers/licensing boards can still view the sealed records.
• If you’re convicted again (even of an unrelated offense), any sealed records may be unsealed.

The Sealing Process in Colorado

1. Determine eligibility based on your case type and the time elapsed since final disposition
2. Automatic sealing: Some records (e.g., dismissed cases, petty offenses) may be sealed automatically after waiting periods
3. Petition the court: Eligible convictions require filing forms (e.g., Colorado JDF‑611), paying a $65 filing fee, and serving the petition to all custodians—including CBI, private agencies, and law enforcement.
4. The court reviews the petition and, if granted, issues an order instructing custodians to seal the records.
5. Notification & sealing: The court sends the order to all custodians, who must then remove the records from public databases.

Case Study: DUI vs. Low-Level Felony

• DUI: You complete probation. But because DUI is a traffic offense, it cannot be sealed. It remains forever visible in public records. However, if you successfully completed a deferred judgement/sentence for a DUI or DWAI, that case is eligible.
• Class 5 felony drug conviction: Complete all obligations. After 3 years, you qualify to petition the court. If granted, the record is sealed, hidden from public view—but still accessible to law enforcement, and potentially unsealed if you’re convicted again.

What is Permanent and What Can Be Sealed?

Case Type	Public Record	Eligible for Sealing?	Waiting Period
Arrest w/o charges / dismissed case	✅ Yes	✅ Yes (auto seal)	_
Deferred judgment / diversion	✅ Yes	✅ Yes (auto or petition)	_
Petty offense conviction	✅ Yes	✅ Yes	1 yr
Misdemeanor conviction	✅ Yes	✅ Yes	3 yr
Class 4–6 nonviolent felony conviction	✅ Yes	✅ Yes	3 yr
Higher-level eligible felony	✅ Yes	✅ Yes	5 yr
Class 1–3 felony, sex crime, violent crime	✅ Yes	❌ No	—
Traffic offense (including DUI)	✅ Yes	❌ No	—

Why It Matters

• Employment & housing: A sealed criminal record should not show up on background checks. Traffic infractions will.
• Legal transparency: Sealed records still appear to law enforcement and in sentencing proceedings—but not to employers or landlords.
• Risk of re-exposure: Keep in mind: later conviction might unseal previously sealed records

Planning Ahead: Key Takeaways

• Traffic activities stay forever—there’s no expungement or sealing even after DUI or speeding tickets.
• Adult conviction records—outside of ineligible categories—can be sealed, but you must meet eligibility criteria and wait the required period.
• Expungement is rare in Colorado—only for juveniles, underage DUI, or cases of mistaken identity
• Sealed ≠ forgotten: Sealed records remain accessible to certain official entities, and can be undone by future convictions .

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Final Thoughts

For Colorado residents hoping for a new start, unburdened by their history, sealing offers important relief—but there are limits. Understanding which offenses you can—or can’t—seal, and how long you must wait, makes a real difference in your ability to move forward: whether searching for a job, renting a home, pursuing education, or even volunteering.

If you’re dealing with eligible convictions or petitions to seal, working with an experienced Colorado criminal defense attorney can help you deal with forms, deadlines, fees, and advocacy in your matter.

Need Help?

Colorado’s system has evolved, especially since HB 19‑1275 and HB 24‑1133 expanded sealing opportunities. Call to see if your case is eligible for sealing under the cuurent laws. This blog post is for general informational purposes and does not constitute legal advice. For legal guidance on your situation, contact the McDowell Law firm to discuss your specific circumstances. 719-227-0022.

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