Guide
Most people who could seal a record do not know it
A dismissed case usually has no waiting period at all. A conviction runs on a timetable that is shorter than the folklore, and it starts when supervision ends rather than when the plea was entered.
Answer three questions
Against the waiting periods in C.R.S. 24-72-705 and 24-72-706. A guide, not an eligibility determination.
- A case that ended in dismissal or acquittal is handled under C.R.S. 24-72-705 and generally has no waiting period at all.
- A completed deferred judgment ends in a dismissal, which is why deferred judgments are worth negotiating hard for.
- Sealing hides the record from most background checks. It does not destroy it: law enforcement, the courts and some licensing bodies still see it.
- Convictions for offenses that are no longer crimes in Colorado, including most old marijuana possession cases, have their own route under C.R.S. 24-72-704.
A guide, not an eligibility determination. Sealing also depends on the specific offense, any objection from the district attorney, and whether other cases are pending. Waiting periods are statutory and change. Reviewed September 2026; confirm the current text of C.R.S. 24-72-701 to 709. Nothing here is legal advice.
What the statute sets, tier by tier
Each period runs from the later of final disposition or release from supervision.
| Offense level | Waiting period | Statute | Note |
|---|---|---|---|
| Petty offense or petty drug offense | 1 year | C.R.S. 24-72-706(1)(b)(I) | The shortest wait in the statute. |
| Class 2 misdemeanor or drug misdemeanor | 2 years | C.R.S. 24-72-706(1)(b)(II) | Counted from the later of final disposition or release from supervision. |
| Class 1 misdemeanor | 3 years | C.R.S. 24-72-706(1)(b)(III) | Class 1 misdemeanor traffic offenses are excluded from sealing entirely. |
| Class 4, 5 or 6 felony, or level 3 or 4 drug felony | 3 years | C.R.S. 24-72-706(1)(b)(III) | The court weighs the harm to public safety against the harm to you of leaving the record open. |
| Any other eligible offense | 5 years | C.R.S. 24-72-706(1)(b)(IV) | The catch-all tier, and the one where a prosecutor objection matters most. |
| Class 1 or 2 felony, level 1 drug felony, DUI or DWAI, sex offense requiring registration | Not eligible | C.R.S. 24-72-706(2) | Colorado does not seal DUI or DWAI convictions. A dismissed DUI case is a different question and can often be sealed. |
Five steps, in order
- Pull the disposition. Not the charge. Whether the case was dismissed, acquitted, deferred and dismissed, or convicted decides which half of the statute applies, and it is the single most common thing people get wrong about their own record.
- Fix the clock start. For a conviction, the waiting period runs from the later of final disposition or release from supervision. For most people that is the end of probation, not the date of the plea, which usually means the clock started later than they assumed.
- Check the exclusions. Class 1 and 2 felonies, level 1 drug felonies, sex offenses requiring registration, class 1 misdemeanor traffic offenses, and DUI or DWAI convictions are outside the scheme entirely.
- File and serve. A verified petition in the court of conviction, served on the district attorney and on any arresting agency. The prosecution can object, and in the discretionary tiers a hearing follows.
- Serve the order. An order to seal is only useful once it reaches the agencies holding the record. That last administrative step is where self-filed petitions most often stall.
What sealing does and does not do
- Removes the record from ordinary commercial background checks.
- Lets you answer honestly in the negative on most employment and housing applications.
- Does not destroy the record. Courts, law enforcement and some licensing bodies still see it.
- Does not reverse a conviction, restore firearms rights or undo an immigration consequence.
Colorado also has a separate route under C.R.S. 24-72-704 for convictions for conduct that is no longer a crime, which in practice mostly means older marijuana possession cases.
Reviewed September 2026. These provisions are amended regularly. Confirm the current text of C.R.S. 24-72-701 to 709. Not legal advice.
If you are not sure what your disposition actually was, we can pull it and tell you in a day.
Contacting us does not create an attorney-client relationship.