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Underage Consumption and Possession Convictions

Under Colorado Revised Statutes 18-13-122 any person under twenty-one years of age who possesses or consumes ethyl alcohol or marijuana or possesses marijuana paraphernalia anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol or marijuana or illegal possession of marijuana paraphernalia by an underage person.

If the offense of possession or consumption of alcohol or marijuana or possession of marijuana paraphernalia by an underage person happened on or after July 1, 2014:

The court will immediately seal your records, and you do not have to file anything with the court if:

  1. Your case is dismissed;
  2. Your case is dismissed after you successfully complete a deferred judgment and sentence or diversion; OR
  3. This is your first conviction and you successfully complete court-ordered substance abuse education and pay any fines.

When the court orders your record sealed, a copy of the Order will be provided to you.  You will need to provide a copy of the Order to all law enforcement agencies that have records related to your case.

If you have been convicted more than once, you will need to file paperwork with the court if you want to get your records sealed. If you were convicted or plead guilty to underage possession or consumption of alcohol or marijuana or possession of marijuana paraphernalia in Denver County Court, you may file a Petition to Seal Pursuant to 18-13-122(13), C.R.S   . in Denver County Court if you meet both requirements listed below:

  1. The conviction was entered at least one year prior to the date of filing the Petition, AND
  2. You have not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one year following the date of your conviction.

There are no filings fees for this type of action.

The court will always have access to the file. However, as provided in the statute, if inquiries are made by anyone other than a criminal justice agency, the court must respond that “no such record exists with respect to such person.”

You can find additional information by reviewing 18-13-122 C.R.S.

STEPS TO FILING A PETITION TO SEAL PURSUANT TO 18-13-122(13)(b) C.R.S.:

  1. Fill out the Petition to Seal Pursuant to 18-13-122(13)(b) C.R.S   completely. List the date of offense, law enforcement agency, arrest number, and case number for the conviction to be sealed. This information can be obtained from the arresting agency and/or the Court Clerk’s Office located in the Lindsey-Flanigan Courthouse, 520 W. Colfax, Room 160. The Petition must be signed in the presence of the court clerk or Notary Public.
  2. Complete all applicable portions of the Order to Seal Pursuant to 18-13-122(13)(b)  . If the Petition is approved, the Judge or Magistrate will sign the Order.
  3. File the documents with Denver County Court located in the Lindsey-Flanigan Courthouse, 520 W. Colfax, Room 160. If you are requesting to seal multiple cases, you must file a separate Petition to Seal for each case. If the Petition has not been signed in the presence of a Notary Public, you will sign the Petition before a court clerk at the time of filing.
  4. The Judge will review the court record and will schedule a hearing if needed. The Judge will only sign the Order if you have met both of the requirements to have the conviction sealed.
  5. After the Order is approved, it is your responsibility to notify the Colorado Bureau of Investigation and those agencies listed on the Order, by mailing each agency a copy of the signed Order. Your failure to notify the agencies may result in your arrest or criminal record not being sealed. Approximately 30 days after you send a copy of the Court’s Order to the agencies listed, your record will be sealed by the agencies.