Municipal Court records are purged after four years, in compliance with the Colorado State Retention policies. However, police records are always retained. If your record has been sealed, you are not required to disclose any information about the sealed case, including the mere fact that you were charged. You may state that you have not been criminally convicted, or that no such action has occurred. Employers, educational institutions, state and local government agencies, officials, landlords and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in sealed records.
Applications of this type may not be denied solely because of the applicant’s refusal to disclose arrest and criminal record information that has been sealed. There are exceptions for prospective attorneys, licensed educators, and applicants to a criminal justice agency.
An order sealing a criminal record other than a conviction does not apply to such records when an inquiry concerning the information is made by another criminal justice agency. An order sealing a conviction record does not deny access to a court, law enforcement agency, criminal justice agency, prosecuting attorney, or party required by law to conduct a criminal history record check on an individual.
Please consult state law or legal counsel with any questions you may have.
Sealing of Records – Expungement of Records
Any person in interest (party to the case) may petition the Court to seal records by filing a Petition to Seal Records in which any arrest or criminal record is filed. To seal a record requires that either:
- The terms of a deferred prosecution, deferred sentence, or conditional motion to dismiss have been successfully completed,
- Conviction was entered by the court for the charge of Minor in Possession of Alcohol and/or Marijuana and the defendant has not been arrested for, charged with, or convicted of any felony, misdemeanor, petty offense, or municipal ordinance violation during the period of one year following the date of conviction,
- The case was dismissed by the prosecution,
- The defendant was found not guilty at trial.