Felony in the Past? Here’s How Colorado’s Record Sealing Reform Can Help You
If you’ve ever been convicted of a felony in Colorado, you already know how much that criminal record can affect your future. From job applications to housing to educational opportunities and even to personal relationships, the shadow of a past conviction can feel permanent.
Fortunately, recent reforms to the Colorado automatic record sealing laws are offering new hope—and a second chance—to individuals with non-violent felony convictions.
What Is Criminal Record Sealing?
Criminal record sealing is a legal process that limits public access to your criminal record. When a record is sealed, it doesn’t disappear entirely; it’s still available to certain government agencies, but it becomes invisible to the general public, employers, landlords, and background check services.
This differs from felony expungement, which is typically a complete erasure of the record.
In Colorado, expungement is only available for juvenile cases and a few very specific adult situations. For most adult felonies, record sealing is the tool used to restore privacy and opportunity.
Colorado’s Automatic Record Sealing Law: A Game-Changer
In 2022, Colorado passed House Bill 22-1214, which introduced an automatic record sealing process for certain non-violent criminal convictions in Colorado. This reform went into effect in 2024 and is already reshaping how eligible individuals move forward after a conviction.
The law mandates that certain convictions, including certain felony offenses, are eligible for automatic sealing after a waiting period. This applies as long as no new charges or convictions arise during that time.
Key Highlights of the Reform
This change removes many of the procedural and financial hurdles that made sealing inaccessible for thousands of Coloradans in the past.
- No petition required for qualifying convictions; the court initiates sealing automatically.
- Felonies are eligible after 10 years, provided the individual has remained conviction-free.
- Misdemeanors may be sealed automatically after 7 years.
- Cases that were dismissed, acquitted, or resulted in deferred judgment (that have been completed successfully) are often eligible for sealing much sooner.
Who Qualifies for Automatic Record Sealing?
However, not all felony convictions are eligible for automatic sealing. The law is designed to reward rehabilitation while protecting public safety. Thus, the automatic sealing process includes a notification to the prosecution, who can object if they believe the case does not qualify or that sealing is not in the public interest.
This makes it all the more important to have legal counsel on your side to ensure your rights are upheld. You may qualify if:
- Your felony conviction was non-violent and non-sexual in nature.
- You have not been convicted of another criminal offense in the waiting period (10 years for felonies).
- You have completed all sentencing requirements, including parole or probation.
- Your offense is not excluded by statute (e.g., serious crimes like homicide, sexual assault, domestic violence, or child abuse are not eligible).
Why Sealing Your Felony Record Matters
Having your record sealed can open doors that were previously closed. There are a few ways criminal record sealing can change your life.
Improved Employment Opportunities
Many employers conduct background checks, and a visible felony can make it difficult, even impossible, to land certain jobs. With a sealed record, however, you are legally allowed to answer “no” when asked if you have been convicted of a crime.
Better Housing Access
Landlords often reject applicants with felony records, even if the conviction happened years ago. Sealing your record can make the difference between being approved for housing or facing continued discrimination.
Restored Reputation and Peace of Mind
Beyond paperwork, sealing a record helps you move on from the past emotionally. You are no longer forced to relive your worst mistake every time someone searches your name.
Protecting Your Immigration Status
Even minor offenses may lead to deportation, denial of naturalization, or ineligibility for visas. Certain convictions, such as those involving moral turpitude or classified as aggravated felonies, can result in mandatory detention and removal proceedings.
How the Automatic Sealing Process Works in Colorado
Step 1: Court Notification and Review
Each year, the Colorado courts review records to identify eligible cases. When your case meets the criteria, the court initiates the sealing process on its own—no petition or attorney is required.
Step 2: District Attorney Notification
The district attorney’s office is notified and given time to object. Objections are typically based on ineligibility or public interest arguments.
Step 3: Court Ruling
If no objection is filed, or the court overrules an objection, the record is ordered sealed. You’ll receive notice, and the order is sent to law enforcement and background check databases.
Step 4: Record Sealed
Once sealed, your case is no longer publicly visible, and you can legally state that you have not been convicted of the sealed offense.
How a Criminal Defense Attorney Can Help
While the Colorado automatic record sealing is a step forward, many people either do not qualify for automatic relief or have other convictions that must be addressed separately.
You may still need a Breckenridge criminal attorney if:
- You want to petition for sealing sooner than the automatic timeline.
- Your case includes multiple charges, only some of which are eligible.
- You received a DA objection and need to defend your right to sealing.
- Your case involves deferred judgments, dismissals, or older offenses not included in the new system.
Talk to an Experienced Criminal Defense Lawyer in Breckenridge
If you have a felony in your past, it doesn’t have to define your future. With Colorado’s new automatic record sealing law, you may already qualify to put that chapter behind you. But, if not, the legal team at Whitaker & Penix, LLC, can help you explore other options.
Our law firm has an A+ rating from the Colorado Better Business Bureau. Also, lead attorneys Kylie Whitaker and Ehren Penix help people across the 6th Judicial District file successful petitions, respond to objections, and fight for a second chance.
Call Whitaker & Penix, LLC, at (970) 368-0602 to schedule a free consultation today. Our knowledge of local courts, prosecutors, and procedures means you’re never navigating this process alone.