How Are Marijuana Convictions That Show Up On Background Checks Treated In Colorado

A tape seal in Colorado is when a person gets his or her criminal history subconscious from public view. In one case a criminal record is sealed, information technology no longer comes up on background checks. And then a record seal can greatly improve a person'south employment prospects. The record sealing process in Colorado typically involves

obtaining copies of by police reports,
filing a petition with the court, and
paying a filing fee

Not everyone is eligible for record seals. If the court grants a tape seal, the person can legally deny always having been arrested or convicted of a crime (with rare exceptions).

Beneath our Colorado criminal defense attorneys discuss the laws, processes, times frames, and fees for sealing arrest and conviction records in Colorado. Click on a topic to go to that section:

Read our related article on collateral relief in Colorado.

1. What is a record seal in Colorado?

Whenever people in Colorado are arrested or convicted, it goes on their "criminal record." These records are typically attainable to the public through an internet groundwork check.

Like it sounds, a record seal "seals" a person'south Colorado records then that they no longer come up up in background checks. In essence, sealing makes a criminal record invisible.^one

For case, people convicted of petty offenses in Denver County Courtroom may be eligible to get those record sealed. So if they were to apply for a chore, those petty crime convictions should non show up on their future background checks.

one.1. Sealing versus expungement

Sealing makes a person's criminal record invisible. The records are made unavailable but police force enforcement and prosecution entities still have access.

Expunging is really the destruction of criminal records. Every bit explained below, Colorado permits expungement for but juvenile offenses and underage drinking and driving convictions.ⁱⁱ

two. What is the reward of getting a criminal record sealed?

Many employers will not consider task applicants with criminal records. Therefore, having a record seal vastly improves the person's chore prospects. Having a criminal record may too be socially stigmatizing, so a seal puts the person on a more equal ground with others.

three. What criminal records tin can exist sealed in Colorado?

Whether a person is qualified for a record seal in Colorado depends on the following factors:

the type of criminal criminal offence,
whether the defendant was ultimately convicted,
the accused'due south age, and/or
when the case was dismissed or closed

Note that a criminal case is considered "closed" once at that place has been a final disposition and the person completed all the sentencing terms.

Continue scrolling down to learn the various types of cases that may be sealed in Colorado.^{3 4}

3.1. Abort records with no convictions

An arrest is just the beginning of a criminal case, and many arrests never outcome in a confidence. A person may accept eligibility to have his/her arrest records sealed right away in any of the following situations:

The person was arrested but not ultimately charged with a crime;
The person's example was eventually dismissed (which means at that place was no confidence); and/or
The person was acquitted (found "not guilty") of the charge(s).

Note that a person might be ineligible for a record seal if the charge was dropped but because he/she took a plea deal in a divide case.

When defendants have pleaded guilty to well-nigh offenses as part of a direct deferred judgment, they are eligible for a tape seal once they have successfully completed it and the example gets dismissed.

iii.i.one. Abort records when no criminal charges take been filed

For arrests on or afterward January ane, 2022, the Colorado Bureau of Investigation (CBI) will automatically seal a person's arrest record when no criminal charges have been filed inside one year of the arrest. The CBI must do this within threescore days after the yr has passed since the arrest date.

For arrests after January 1, 2019 merely before January ii, 2022, the CBI will automatically seal an arrest record if no criminal charges have been filed inside:

3 years after the abort for a felony offense for which the statute of limitations is 3 years (if the statute of limitations is longer, it is not eligible for automatic sealing); or
eighteen months after the arrest for a misdemeanor criminal offence, misdemeanor traffic offense, petty criminal offense, or municipal ordinance violation for which the statute of limitations is 18 months or less

For arrest records with no confidence from 2013 to 2018, the CBI will automatically seal the records by Jan 1, 2023.

For arrest records with no conviction from 2008 to 2012, the CBI volition automatically seal the records by Jan 1, 2024.

For arrest records with no conviction from 2003 to 2007, the CBI will automatically seal the records by January 1, 2025.

For arrest records with no conviction from 1997 to 2002, the CBI volition automatically seal the records past January i, 2026.

For other arrest records with no conviction, the CBI with automatically seal the records past January 1, 2027.

Note that the CBI will only automatically seal records within its custody and control.

3.2. Convictions

Convictions are potentially sealable unless they are:

Class 1 felonies
Class 2 felonies
Course iii felonies
Level one drug felonies
Sex crimes
DUIs
Domestic violence convictions (including domestic violence harassment)
Class 1 misdemeanor traffic offenses
Form 2 misdemeanor traffic offenses
Class A traffic infractions
Class B traffic infractions
Crimes involving a commercial driver's license^five

Equally discussed in section 5, there is a waiting period to seal criminal convictions. Just there is no waiting menstruum to seal charges that take been dismissed.

Note that convictions which have been pardoned are potentially sealable under CRS 24-72-710. The court should seal pardoned convictions unless information technology finds by clear and convincing evidence that the public interest in retaining public access to the conviction records outweighs:

the impairment to the privacy of the defendant,
the dangers of unwarranted, adverse consequences to the defendant, and
the intent of the full and unconditional pardon.

3.3. Juvenile and Underage records

In Colorado, "juvenile" ways nether 18 years old, and "underage" ways under 21 years old. People who committed certain crimes while juvenile or underage may be eligible to expunge or seal their records:

iii.three.one. Underage DUI

A conviction for underage drinking and driving (UDD) where the blood alcohol level was at least .02 simply no more than than .05 may be expunged if the post-obit are true:

The person is over 21;
The person has not had a second UDD conviction; and
The case has airtight; and
He/she has never held a commercial driver's license and was not operating a commercial motor vehicle.

Note that the records in this case would be totally expunged.^six

iii.three.2. Underage alcohol convictions prior to July ane, 2014

Convictions for possessing or consuming alcohol while under 21 may sealable if:

At least one (i) year has passed since the date of terminal disposition of all criminal proceedings confronting the defendant or his/her release from supervision apropos a criminal confidence, whichever is later; and
The person has not been arrested for another conviction for possessing or consuming alcohol.

Notation that this rule applies to convictions prior to July 1, 2014.⁷

3.3.three. Underage alcohol or marijuana convictions from July 1, 2014 on

Convictions for possessing or consuming alcohol, marijuana, or marijuana paraphernalia while under 21 may exist sealable if:

At least (one) one year has passed since the date of final disposition of all criminal proceedings against the defendant or his/her release from supervision apropos a criminal conviction, whichever is later; and
The person has obtained a verified copy of his/her criminal history that is current as of at to the lowest degree 20 days prior to the date of the filing of the petition to seal.

Note that this rule applies to convictions on July 1, 2014 and after.⁸

three.3.four. Juvenile records

People with juvenile criminal offence records can normally get them expunged if the post-obit three conditions are true.

He/she has not since been adjudicated as a juvenile delinquent for, or bedevilled of, whatever felony or misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon; and
There are no felony, misdemeanor, or delinquency actions pending or being instituted against him/her; and
He/she has paid all court-ordered restitution or is currently on a restitution repayment understanding with the courtroom collections investigator.

Also annotation that the person has to asking a court hearing in order to become an expungement.⁹

4. Can you lot seal a felony record in Colorado?

The only felony convictions that tin can be sealed in Colorado are form iv, class 5, and class 6 felonies as well every bit level 2, level three, and level four drug felonies. The waiting menses to petition for a felony record seal is 3 years after the example ends, except for level 2 drug felonies which have a five-year await. The process to seal felony convictions requires submitting a completed JDF 612 class to the Colorado court which heard the example.

Unsealable Colorado felony convictions include sex activity crimes, DUIs, domestic violence, level 1 drug felonies, and form 1-, course 2-, and class 3 felonies. But any felony charge that gets dismissed tin can be sealed immediately. To seal felony arrest records, defendants need to submit a completed JDF 417 grade to the applicable Colorado court.

Acquire more in our article, Can you seal a felony tape in Colorado?

5. When tin can I get my criminal record sealed in Colorado?

Information technology depends on the case. Bold all other requirements are met, the waiting periods for petitioning for a record seal or expungement are the post-obit:

Colorado conviction	Waiting period to petition for record seal in Colorado
Abort records that do not consequence in a conviction	Immediately
Petty offense or petty drug offense	1 (1) year after the case ends
Multiple eligible petty offenses and/or petty drug offenses	Two (2) years later the terminal case ends
Class 2 misdemeanor or class 3 misdemeanor	Two (two) years after the case ends
Drug misdemeanor	Two (2) years after the case ends
Class 4 felony, class five felony, or course 6 felony	Three (3) years after the case ends
Level 3 drug felony or level 4 drug felony	Three (3) years after the case ends
Form 1 misdemeanor	Iii (three) years after the case ends
Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level four drug felonies	Five (5) years afterwards the last case ends
Level 2 drug felony or whatever other eligible offense	5 (5) years afterward the instance ends
Multiple eligible felonies and/or drug felonies	X (10) years after the final case ends
Nearly municipal and misdemeanor crimes past victims of human trafficking	Immediately
Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014	One (one) year after the date of the final disposition of all criminal proceedings against you or your release from supervision concerning a criminal confidence, whichever is later
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July one, 2014 or later	I (1) year after confidence
Underage DUI convictions (UDD) with a BAL of .02 to .05.	Immediately after age 21
Juvenile records	Up to five (five) years, depending on the circumstances. Dismissals and acquittals can exist sealed immediately.

Note that there is a limit for sealing multiple convictions. The maximum amount depends on the convictions' crime category:

For eligible lilliputian offenses and petty drug offenses, defendants can file a petition to seal just if they accept five or fewer convictions in separate criminal cases.
For eligible class 2- or form three misdemeanors and level 1- or level ii misdemeanor drug offenses, defendants can file a petition to seal only if they have iv or fewer convictions in separate criminal cases.
For eligible class 1 misdemeanors, class four-, class five-, and form vi felonies, and drug felonies, defendants can file a petition to seal only if they have three or fewer convictions in separate criminal cases.

Likewise note that normally unsealable misdemeanors can exist sealed if the court finds by clear and disarming evidence that:

The accused'due south need for the sealing is "pregnant and substantial";
The accused is no longer a threat to public safe; and
Public disclosure of the record is no longer necessary to inform the public.

half dozen. If I get a record seal, can I say no if someone asks me if I have a criminal tape?

In most situations, yeah. During a job interview or under oath, people with sealed records may deny ever having a brush with the law.¹⁰

But at that place are narrow circumstances where people with sealed or expunged records accept to fess upward. For example, people applying to the Colorado Bar to get a lawyer have to disclose their criminal record.¹¹

Also see our articles on professional person licenses in Colorado:

How convictions affect contractor licenses in Colorado
How convictions bear on nursing licenses in Colorado
How convictions affect real estate licenses in Colorado
How convictions affect medical licenses in Colorado
How convictions touch on dental licenses in Colorado
How convictions affect social work licenses in Colorado
How convictions affect accountancy licenses in Colorado
How convictions bear on law licenses in Colorado

7. How much does it cost to get a tape seal in Colorado?

Information technology depends on the type of record being sealed. The schedule of Colorado record seal fees is beneath:

Colorado criminal offence	Record seal court filing fee
Arrest records or criminal charges which do not result in a conviction	$224
Conviction	$65
Multiple convictions	$235
Underage possession/ consumption of alcohol convictions that occurred prior to July ane, 2014	$0
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July ane, 2014 or later	$0
Underage DUI convictions (UDD) with a BAL of .02 to .05.	$0
Juvenile records	$0

8. If I am eligible for a record seal, will a gauge definitely seal information technology?

Unremarkably, yes. But whether a gauge volition grant a person'south petition to seal records is inside the estimate's discretion. A tape seal is never guaranteed.¹²

nine. How exercise I get my criminal record sealed in Colorado?

Information technology depends on the type of tape being sealed. Usually, the defendant needs to file a motion with the courtroom. Typically, the process of getting a Colorado record seal involves the following six steps:

Obtain records. First, the person gets a copy of his/her criminal records from the law enforcement agency.
Obtain criminal history. Adjacent, the person may have to get a current verified copy of his/her criminal history from the Colorado Bureau of Investigations (CBI).
Complete the appropriate forms. Third, the person has to fill out the appropriate petition to seal forms.
File the petition. One time the forms are filled out, the person files them with the advisable courtroom (which is normally the court where the case occurred). For case, a criminal instance heard in Denver District Court could as well be sealed past that same court.
Court reviews the petition. The court will then either have or deny the petition. In some cases, the courtroom volition schedule a hearing before deciding whether to effect a court social club to seal.
Ship orders to agencies. If the judge issues an gild to seal, the person and so sends copies to all of the agencies that have his/her criminal records on file (such every bit the police department and the CBI).

Links to the specific forms a record seal petitioner needs to complete are beneath:

Colorado offense	Links to "Petition to Seal" instructions and forms
Abort records which do not result in a conviction	JDF 417 – Petition to Seal Abort & Criminal Records
A conviction	JDF 612 – Petition to Seal Criminal Confidence Record
Multiple convictions	JDF 641 – Petition to Seal Multiple Conviction Records
Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014	JDF 313(a) – Petition to Seal Records Related to Underage Possession and Consumption of Underage Alcohol (MIP)
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July 1, 2014 or later	JDF 313(b) – Petition to Seal Tape Related to Underage Possession and Consumption of Underage Booze or Marijuana (MIP) or Possession of Marijuana Paraphernalia
Underage DUI convictions (UDD) with a BAL of .02 to .05.	JDF 305 – Petition for Expungement of UDD (Nether Age Drinking and Driving)
Juvenile records	JDF 302 – Petition for Expungement of Records

x. How long does it have to get criminal records sealed?

The judge may accept a few days or weeks to decide whether to grant an gild to seal. If the judge grants it, the person must mail service copies of the society to the various agencies that have his/her criminal records on file (such as the law department that arrested him/her)…

Once the agencies receive the guild in the mail, the person's criminal records should be sealed within near 30 days.¹³

eleven. What if my petition to seal is denied?

The court will post back a letter of the alphabet outlining the reasons why the petition to seal was denied. The person may be able to correct any mistakes on the petition to seal and re-submit it.¹⁴

Need a tape seal in Colorado? Telephone call usa…

Group of law firm receptionists with headsets

Call our Colorado police firm for legal advice and to hash out creating an chaser-client human relationship. We offer free consultations on criminal record sealing.

If you have a criminal record in Colorado, contact our Denver criminal defence attorneys at (303) 222-0330 for a free consultation. We may be able to get information technology sealed or expunged. Sealing your criminal records will greatly increase your employment opportunities. It will besides put you on a more even playing field with your friends and colleagues.

Arrested for DUI in Nevada? Read our articles on sealing Nevada criminal records and sealing DUI records in Nevada.

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