INSTRUCTIONS TO FILE A PETITION TO SEAL ARREST AND CRIMINAL RECORDS OTHER THAN CONVICTIONS – SIMPLIFIED PROCESS
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.
If you have been acquitted, completed a deferred sentence, completed a diversion program, or your case was completely dropped or dismissed, you may take advantage of a simplified process to seal your criminal justice records. The process is as follows:
- You may immediately petition the County Court to seal the record after dismissal, acquittal, or completion of a deferred sentence or diversion program. Your motion can be informal and may be made in open court or by filing of a written motion .
- If your motion is granted, you must pay a processing fee of $65.00 prior to the record being sealed. This can be done in the Clerk’s Office located in Room 160 of the Lindsay-Flanigan Courthouse.
- If your case included a felony or misdemeanor violation subject to the Victim Rights Act, the Court will set a hearing within 42 days to allow the District Attorney to notify the alleged victim. You have a right to attend this hearing and failure to attend may jeopardize the granting of your motion. A full list of offenses to which this applies can be found at C.R.S. 24-4.1-302(1).
- Once the Judge enters the Order to Seal the Record, court staff will serve copies on the Civil Liability Bureau, the prosecutor, the arresting/citing law enforcement agency (usually Denver Police Department), and the Colorado Bureau of Investigations.
- You may expand this service of the Order by providing the Court with a list of other criminal justice agencies who may have custody of any of the records subject to the Order. You must do this within seven days of your motion in open court, or at the time of filing your written motion. Outside of that timeframe, additional notification and service of the Order is your responsibility.
- You must also pay a fee (currently $27.98) to the Colorado Bureau of Investigations to have your record sealed with that agency. The Court will serve CBI with a copy of the Order but does not collect the fee on their behalf. Please contact CBI at (303) 239-4208 for more information.
You may not petition the Court to seal your records using the simplified process if:
- The offense was related to a commercial driver’s license or operator of a commercial motor vehicle pursuant to 42-2-402 C.R.S.; or
- The offense for which the factual basis involved a felony unlawful sexual behavior pursuant to 16-22-102(9) C.R.S.; or
- There is outstanding restitution, fines, court costs, or fees on the case; or
- The offense is a class 1 misdemeanor traffic offense, class 2 misdemeanor traffic offense, class A traffic infraction, or a class B traffic infraction.
For more information, please review Colorado Revised Statute 24-72-705.
If you are requesting multiple cases to be sealed, a separate filing fee for each case is required.
Per 24-72-703(IV) C.R.S. “Criminal justice information and criminal justice records in the possession of a criminal justice agency may be shared with any other criminal justice agency when an inquiry concerning the arrest and criminal justice information or records is made.”
If you do not understand this information, please contact an attorney.