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In Colorado, cases involving (entirely) dismissed cases, untried cases, cases in which the defendant was acquitted at trial (found not guilty), petty offenses, municipal (city) charges, and many drug offenses can be sealed.  As with all Colorado Revised Statutes, each case is fact specific and what may be true in one case may not be true in another due to length of time, specific charges, new charges being filed, etc.. Keep in mind that this guide is not meant to replace the invaluable assistance an educated and dedicated attorney like the attorneys at Black & Graham, LLC can provide to you in this area. 

1. Juvenile cases.  Please note that sealing a juvenile record is actually called expungment. Please contact the experienced attorneys at Black & Graham, LLC to learn more about a possible expungment of a juvenile adjudication. 

2. Dismissed cases. Completely dismissed cases can be sealed immediately assuming that they were not dismissed as part of a plea bargain in another case and completed deferred judgments can be sealed after waiting the statutory time period. Please note that this sealing statute does not apply to class 1 or class 2 misdemeanor traffic offenses, class A or class B traffic infractions, or for convictions for DUI/DWAI or for any conviction for an offense involving unlawful sexual behavior as defined in §16-22-102(9). 

3. Petty offenses. Petty offense charges can be sealed under many circumstances but do carry an additional $200 filing fee. 

4. Misdemeanors. Most misdemeanor drug offenses can be sealed under Colorado’s new drug law and other misdemeanors can be sealed assuming they can be fit in with any other Colorado Revised Statute on sealing. For example, a misdemeanor DV offense that was completely dismissed (not as a part of any other plea bargain) could be sealed assuming all other statutory criteria is met. 

5. Drug offenses.  Most misdemeanor drug offenses can be sealed as well as some felony drug offense under Colorado’s new drug law. Please note that this outline covers Colorado’s most recent drug law. Please consult an attorney if you charge was prior to July 1, 2013. 

6. Felonies. Felonies can be sealed under some rare circumstances. For example, the entire felony case was dismissed against the client,  or the client was completely acquitted of all charges including felony drug charges. Please consult an experienced attorney if you have any specific questions as to whether particular felony charge(s) can be sealed.

7. Deferred Judgments. Deferred Judgments can be sealed in some circumstances assuming that the petitioner did not enter into a deferred judgment as part of a split plea agreement (still can be sealed if part of a plea bargain in another case if all statutory criteria are met). Please consult with an experienced attorney if you are having issues with sealing a completed deferred prosecution (a rarely used plea offer) or completed deferred judgment and sentence.  Successfully completed deferred judgments and deferred prosecutions, are eligible to seal assuming that they have met all other relevant sealing conditions. 

8. Domestic Violence (DV). Nothing per se limits the ability of a person charged with DV from sealing their records assuming they are authorized by the relevant Colorado Revised Statute to seal their records in limited circumstances. For example, a completed deferred judgment and sentence to the sentence enhancer of DV.