Denver Expungement Lawyer

A criminal record follows you in ways that aren’t always visible until they suddenly are. A background check for an apartment. A job offer that goes quiet after HR runs a report. A professional license application that stalls. Colorado’s record sealing laws exist precisely because the legislature recognized that a past arrest or conviction shouldn’t always define what comes next. A Denver expungement lawyer at DeChant Law can evaluate what’s on your record, tell you honestly what’s sealable and what isn’t, and handle the process from start to finish.

What Colorado Actually Allows: Sealing vs. True Expungement

The word “expungement” gets used loosely, and it’s worth being precise about what Colorado law actually permits. True expungement, where records are physically destroyed, is limited to a narrow category of cases, primarily juvenile records and certain cases involving individuals who were arrested but never charged, or whose charges were completely dismissed.

For most adults with Denver criminal records, the correct term is record sealing. When a record is sealed, it is removed from public view. Employers, landlords, and most licensing boards will not see it in a standard background check. Courts, prosecutors, and law enforcement can still access sealed records under specific circumstances, but for the vast majority of everyday purposes, a sealed record is effectively invisible.

The distinction matters because eligibility and procedure differ depending on which process applies to your situation. Colorado significantly expanded its record sealing laws in recent years, and many convictions that were previously unsealable can now be sealed after a waiting period. Drug convictions, petty offenses, and certain misdemeanors are all potentially eligible depending on the specific charge, the outcome, and how much time has passed since you completed your sentence.

The Waiting Periods That Actually Determine Your Eligibility

Most people with Denver records who ask about sealing are eligible, or will be, but the timeline depends heavily on the nature of the conviction or arrest. Here is the practical breakdown that matters for most cases we handle:

If your case was dismissed, or if you were acquitted at trial, you may be eligible to petition for sealing immediately or after a relatively short waiting period, depending on whether charges were ever filed. Cases that were never filed by the DA can often be sealed right away. Cases that were filed and then dismissed typically require a waiting period that runs from the date of dismissal.

For drug convictions specifically, Colorado has one of the more expansive sealing frameworks in the country. Many drug possession convictions carry a waiting period that begins after you complete all conditions of your sentence, including probation, fines, and any required treatment. The length varies by offense level, and a petition filed too early will be denied on procedural grounds alone.

Misdemeanor convictions that are not drug-related carry their own waiting periods, typically measured in years from the completion of sentence. Felony convictions have longer waiting periods and a narrower list of eligible offenses, but the category of sealable felonies has grown under recent legislative changes. Class 1 and Class 2 felonies, crimes with mandatory sex offender registration, and certain offenses involving domestic violence with a victim are among the categories that remain ineligible regardless of waiting period.

If you’ve been told in the past that your record can’t be sealed, it is worth having that assessment revisited. The law changed, and what was accurate three or four years ago may no longer be.

How the Sealing Process Actually Works in Denver

A record sealing petition is filed in the court where the original case was heard. For most Denver cases, that means Denver District Court or Denver County Court, depending on whether the charge was a felony or a misdemeanor. Adams County, Jefferson County, and Arapahoe County cases each get filed in their respective courts.

The petition requires identifying the specific case or cases you want sealed, verifying eligibility, and serving notice on the DA’s office. The DA has the opportunity to object, and if an objection is filed, the court schedules a hearing where the judge weighs the interests of justice against any public interest in keeping the record accessible. In practice, many petitions go uncontested, particularly for older cases where the prosecution has no ongoing interest. But an objection can derail a petition that wasn’t prepared carefully, which is why the factual record you build around the petition matters.

Once a petition is granted, the order goes to the Colorado Bureau of Investigation and to each agency that holds a record, including arresting agencies and the courts themselves. The practical effect takes a few weeks to fully propagate through background check databases, but most commercial background screening services update their records once they receive notice of a sealing order.

There is no automatic notification that you’ve become eligible. You have to initiate the process, which is why people who might benefit most often don’t know to ask.

Questions People Actually Ask About Clearing a Denver Record

I was arrested but the DA never filed charges. Can that arrest still show up?

Yes. An arrest record exists independently of whether charges were ever filed. Arrests that never led to charges are often sealable, sometimes immediately, but the arrest itself will continue appearing in background checks until you go through the sealing process. This surprises a lot of people who assumed a declined prosecution meant the record disappeared on its own.

My DUI was dismissed after I completed a diversion program. Is that sealable?

Deferred judgments and diversion outcomes that result in dismissal are generally eligible for sealing once the case is closed and any applicable waiting period has passed. DUI dismissals in particular come up frequently, and the answer is often yes, though the specifics of how the case was resolved matter. Reid can review the disposition and tell you where you stand.

Will sealing my record help with a professional license application?

It depends on the licensing board and the type of license. Many Colorado licensing boards, including those for medical professionals, real estate agents, and contractors, require disclosure of convictions even if the record has been sealed. That does not make sealing pointless, but it does mean the practical benefit for professional licensing is narrower than it is for general employment background checks. Knowing this upfront lets you make an informed decision about whether to proceed and how to handle any disclosure requirement honestly.

Can my landlord or employer see a sealed record?

Generally, no. Commercial background check companies are required to remove sealed records from their reports. Employers, landlords, and most private entities will not see a sealed record in a standard check. There are exceptions for certain government positions and licensed industries, but for most private employment and housing situations, a sealed record is not accessible.

I have multiple cases across different counties. Can all of them be sealed?

Each case gets its own petition filed in the original court. You may be eligible to seal some but not all of your cases, depending on the charge type and the waiting period for each. It is common for someone with several cases to be able to seal some immediately and others after more time has passed. The process is case by case, not record by record.

What happens if I pick up a new charge after my record is sealed?

A sealed record can potentially be unsealed under certain circumstances, including if you are subsequently convicted of a new offense. The court retains authority over the sealed records it ordered sealed. This is not a reason to avoid sealing when you are otherwise eligible, but it is something to understand going in.

How long does the whole process take from start to finish?

If the DA does not object, the process typically takes a few months from filing to a signed order. If there is a hearing, it takes longer. Propagating the order through all relevant databases and agencies adds additional time on the back end. In most straightforward cases, people see results within three to five months of filing.

Start the Conversation About Your Denver Record

DeChant Law handles record sealing for people across the Denver metro, including cases that originated in Adams County, Arapahoe County, Jefferson County, and Denver itself. Reid’s background as a public defender means he has worked inside the system these petitions pass through, which informs how he prepares and argues them. If you want a direct assessment of whether your record is sealable and what the process looks like for your specific situation, reach out to a Denver expungement attorney at DeChant Law. No general answers, no guesswork. Just an honest look at your case.