How Do I Seal Records in Colorado After Completing Probation??

Full question:

I have a felony class 2 for forgery from 7 1/2 years ago. I completed my probation and have never had any issues since then. Is there any possible way for me to either seal or expunge my felony? I have a family of 5 and I am trying to continue to grow my career. I just fear this getting in the way

• Category: Criminal
• Subcategory: Expungement of Criminal Records
• Date: 04/07/2025
• State: Colorado

Answer:

The answer will depend on whether you were convicted or entered into a deferred sentence where you were not convicted after completing probation. In CO, you may be eligible to seal records if:

1. After investigation, the matter was dropped without filing criminal charges.

OR

2. After prosecution was initiated, all charges in the criminal case were dismissed. This includes but not limited to evidentiary suppression, nolle, nolle prosequi, insufficient evidence, dismissal, straight dismissal, flat dismissal, or successful completion of a deferred sentence and subsequent dismissal.

AND

a. You did not waive your rights to petition to seal in plea negotiation. El Paso County DA Office has a sealing waiver pre-printed into misdemeanor deferred sentence agreements. Many felony deferred sentence agreements are custom drafted and contain a similar clause. If such a clause exists, the right to seal is gone unless perhaps grounds exist for a collateral attack. Place to begin - carefully read your deferred sentence agreement looking for the word waive, waives, waived and also the numbers CRS 24-72-308.

AND

b. The dismissal or failure to charge was not the result of a plea agreement in separate case. Note: 2004 amendment opens a window if you have been violation free. Now the uncharged offense investigation records or flat dismissal would be eligible for sealing 15 years after the date of final disposition of all criminal proceedings if no new criminal charges have been brought during the 15 years.