On sealing of criminal conviction records information for multiple conviction recor, the Colorado text is Colo. Rev. Stat. § 24-72-709. The statute says: “(1) (a) Editor's note: This version of subsection (1)(a) is effective until July 1, 2025.” Colo. Rev. Stat. § 24-72-702 is the arrest-record petition. Colo. Rev. Stat. § 24-72-709 is the conviction petition. Colo. Rev. Stat. § 24-72-702 speaks in expungement. Colo. Rev. Stat. § 24-72-709 speaks in sealing. They are different orders.
Petitions the courts already decided
The People of the State of Colorado v. D.K.B., 17 Brief Times Rptr. 94 (1993) is worth reading in full. The opinion puts it this way: “In the past, we have described the statutory process of submitting a petition to seal criminal records and receiving a hearing on the petition as a procedural claim for relief — a remedy — by which a person may attempt to avoid the adverse consequences of having a criminal record.”
The People of the State of Colorado, 2010 Colo. App. LEXIS 354 (2010) is worth reading in full. The opinion puts it this way: “This statute’s specification of what information should be expunged demonstrates that Congress recognized the possibility of expunging certain portions of a document without expunging the entire document.”
In the Matter of the Petition of C.B. v. the People of the State of Colorado, 2005 Colo. App. LEXIS 1471 (2005) is worth reading in full. The opinion puts it this way: “Therefore, because § 24-72-308 concerns the sealing of criminal records, and juvenile delinquency proceedings are noncriminal in nature, we conclude that the trial court should have proceeded under the ex-pungement provisions set forth in § 19 — 1— 306.”
The petition and the sections next to it
On sealing of records - general provisions - order applicability - discovery and ad, the Colorado text is Colo. Rev. Stat. § 24-72-703. The statute says: “This section applies to the sealing of arrest and criminal justice records pursuant to sections 24-72-704 to 24-72-710.”
Colorado uses Colo. Rev. Stat. § 13-65-103 for compensation for certain exonerated persons - monetary compensation - financial. Read those subsections before you draft. The title is only the outline.
When a different section applies
On expunging an arrest record, the Colorado text is Colo. Rev. Stat. § 24-72-702. The statute says: “(1) (a) Notwithstanding any other provision of law, a court shall expunge the arrest and criminal records information of a person who was arrested as a result of mistaken identity and who did not have charges filed against him or her.”
Colorado uses Colo. Rev. Stat. § 24-72-704 for expunging an arrest record. This relief can move without a petition in every case. Read those subsections before you draft. The title is only the outline.
Colo. Rev. Stat. § 13-10-115.5 deals with expungement of juvenile delinquent records - definition. A juvenile record uses this section rather than the adult petition. The statute says: “(1) (a) For the purposes of this section, 'expungement' is defined in section 19-1-103.”
Filing order
- Open Colo. Rev. Stat. § 24-72-709 and read the part on sealing of criminal conviction records information for multiple conviction recor. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Colorado county uses, then check the form against Colo. Rev. Stat. § 24-72-709.
- If the person was a juvenile, move to Colo. Rev. Stat. § 13-10-115.5 instead of forcing the case into the adult section.
- Then read The People of the State of Colorado v. D.K.B., 17 Brief Times Rptr. 94 (1993). That is a Colorado court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Colorado?
Colorado uses Colo. Rev. Stat. § 24-72-709 for sealing of criminal conviction records information for multiple conviction recor. The statute says: “(1) (a) Editor's note: This version of subsection (1)(a) is effective until July 1, 2025.” Colo. Rev. Stat. § 24-72-702 is the arrest-record petition. Colo. Rev. Stat. § 24-72-709 is the conviction petition. Colo. Rev. Stat. § 24-72-702 speaks in expungement. Colo. Rev. Stat. § 24-72-709 speaks in sealing. They are different orders.
Does Colorado use a different statute when the person was under eighteen?
Colorado uses Colo. Rev. Stat. § 13-10-115.5 for expungement of juvenile delinquent records - definition. A juvenile record uses this section rather than the adult petition. The statute says: “(1) (a) For the purposes of this section, 'expungement' is defined in section 19-1-103.”
How have Colorado courts ruled on expungement and sealing?
The People of the State of Colorado v. D.K.B., 17 Brief Times Rptr. 94 (1993) “In the past, we have described the statutory process of submitting a petition to seal criminal records and receiving a hearing on the petition as a procedural claim for relief — a remedy — by which a person may attempt to avoid the adverse consequences of having a criminal record.”
Nothing on this page is a prediction of how a Colorado judge will rule. Colo. Rev. Stat. § 24-72-709 is the text the petition has to satisfy.