Miguel Martínez, Esq. | Former Assistant U.S. Attorney | Colorado Criminal Defense Attorney Since 1989
Key Takeaways
- HB24-1133 expanded Colorado record sealing eligibility in 2024–2025, including a new provision for people with deferred judgments, many of whom incorrectly assume their plea deal counts as a conviction that disqualifies them.
- Automatic sealing exists in some cases, but most people must still file a petition. Don’t assume your record was sealed without confirming it with the Colorado Bureau of Investigation.
- Sealing is not expungement. Law enforcement, federal courts, and certain licensing boards can still access sealed records, a distinction that is especially important for immigrants navigating USCIS or ICE background checks.
- People arrested by mistaken identity have a specific sealing pathway under the new law, even if no charges were ever filed against them.
You already know what it feels like when a background check kills an opportunity.
Maybe it was a job you were qualified for. A rental application you completed. A professional license you were trying to get. Somewhere in the process, your past surfaced, and the door closed.
Colorado’s HB24-1133 changed who can seal their criminal record and under what circumstances. If you’ve been waiting years to find out whether the law has finally opened a door for your situation, what follows is a plain-English breakdown of exactly who qualifies, what the process costs, how long it takes, and what the law means for immigrants and people arrested by mistaken identity, the groups’ competitors never seem to address.
What HB24-1133 Actually Changed
The full bill text is available directly from the Colorado General Assembly. Here’s what the law specifically addressed in terms you can actually use.
Deferred Judgments Are Now Explicitly Eligible
This is the change most people don’t know about, and most law firm blogs aren’t writing about it.
If you took a plea deal that included a deferred judgment, you may have spent years assuming you have a conviction on your record and are automatically disqualified from sealing. That assumption is frequently wrong.
A deferred judgment is not a conviction. It’s a conditional arrangement: you enter a plea, complete specific requirements, probation, community service, treatment, and if you comply, the case is dismissed. Under HB24-1133, if the underlying offense would otherwise be eligible for sealing, a completed deferred judgment may qualify, too.
This matters for thousands of Coloradans who accepted plea deals, never fully understood the legal category they agreed to, and have been carrying what they believe is a permanent conviction ever since. If you’re in that group, your situation may be more fixable than you think.
Mistaken Identity Arrests: A Specific New Pathway
HB24-1133 also strengthened protections for people arrested due to mistaken identity. If law enforcement confused you with someone else, a shared name, a similar description, a database error, and no charges were filed or charges were dropped immediately after the error was discovered, you may have a specific sealing option under this law.
Walking out of the police station without charges does not mean nothing is on your record. Arrest records exist independently of conviction records, and they appear on background checks.
CBI Cost Provisions
The bill also addressed how processing costs are handled through the Colorado Bureau of Investigation. Depending on your case type and outcome, certain fees may be reduced or waived. The cost section below covers what to realistically expect.
Who Qualifies for Record Sealing in Colorado Right Now?
Eligibility depends on three factors: the type of charge you faced, what happened to the case, and how much time has passed since your sentence was completed.
Eligible Charge Types and Outcomes
| Charge / Case Outcome | Generally Eligible? | Waiting Period |
| Case dismissed (no conviction) | Yes | None: may petition immediately |
| Acquittal (found not guilty at trial) | Yes | None: may petition immediately |
| Deferred judgment (successfully completed) | Yes, if the underlying offense is eligible | Varies by offense class |
| Petty offenses | Yes | 1 year after sentence completion |
| Class 1 & 2 misdemeanors | Yes | 2 years after sentence completion |
| Class 4, 5, 6 felonies (non-violent) | Yes, in most cases | 3 years after sentence completion |
| Drug offenses (certain categories) | Yes | Varies: some are eligible immediately |
| Class 1, 2, 3 felonies | Generally not eligible | , |
| Sex offenses requiring registration | Not eligible | , |
| Crimes against children | Not eligible | , |
| Active probation or parole | Not eligible until completed | , |
This table reflects general eligibility categories under Colorado law. Your specific charge designation, prior record, and case history affect individual eligibility. Confirm your situation with a licensed Colorado attorney before filing.
What Disqualifies You
The primary disqualifiers are serious violent felonies (Class 1, 2, and 3), sex offenses that require registration on the Colorado Sex Offender Registry, and crimes against children. If you are currently on probation, parole, or have pending charges, you cannot petition until those matters are fully resolved.
A prior sealing in the same charge category can also affect eligibility in certain circumstances, one more reason to have an attorney review your complete record before you file anything.
Waiting Periods: What the Clock Actually Measures
The waiting period clock starts when your sentence is completed, not when the offense occurred, not when the verdict came in. “Sentence completion” includes all probation, parole, and any active supervision period under a deferred judgment.
If your case was dismissed or you were acquitted, there is no waiting period. You may petition immediately.
Automatic Sealing vs. Petition, Which One Applies to You?
Colorado has a Clean Slate automatic sealing program. Here’s what that actually means in practice, and where it falls short of what most people assume.
Automatic sealing applies to certain low-level convictions and arrests that meet specific criteria under Colorado law. The process is supposed to occur without you filing anything. But “automatic” does not mean immediate, and it does not mean universal.
What automatic sealing typically does not cover:
- Most felony convictions, including lower-level ones
- Deferred judgments (a petition is typically still required)
- Mistaken identity arrests (requires a petition)
- Cases with multiple charges where at least one count may be ineligible
In practice, many people assume their record was automatically sealed and never verify it. Then a background check reveals it wasn’t. Before relying on automatic sealing, it’s worth having an attorney pull your actual CBI record, not what you remember, but what agencies see when they run a check on you today.
If you don’t qualify for automatic sealing, or if you want to confirm that sealing has actually taken effect, a petition is the path forward.
Not sure which path applies to your case?
Our Denver team offers free eligibility reviews, no obligation, no pressure. We’ll look at what’s actually in your file and tell you exactly where you stand. Call (303) 964-3200) or schedule your consultation online.
What Does It Cost and How Long Does It Take?
The honest answer: it depends on your case type, and anyone who gives you a flat number without knowing your situation is guessing.
For dismissals and acquittals: Filing fees are generally waived. Colorado law recognizes that you shouldn’t bear the financial burden of clearing what should never have been on your record.
For conviction sealing: Based on the Colorado Judicial Branch’s April 2025 updated fee schedule, filing fees generally range from approximately $65 to $224, depending on the court and case type. These figures are subject to change; verify current fees with the court before you file.
Attorney fees: For a straightforward single-conviction petition, a flat fee arrangement is common. More complex cases, multiple charges, prior sealing petitions, immigration complications, or cases requiring a hearing, take more work and are priced accordingly. Our office offers a free consultation that will give you a realistic picture before you commit to anything.
Timeline for Denver cases: Once a petition is filed with the Denver District Court, the typical process runs two to four months from filing to court order, assuming no objections from the DA’s office and proper service on all required parties. That timeline can extend if a hearing is required or if there are complications with your case history.
One thing worth noting: the court order is the beginning, not the end. After it’s issued, the order must be transmitted to the Colorado Bureau of Investigation and to background check reporting agencies. Some commercial databases are slower to update than others; a sealed record may still briefly appear on certain checks until those databases sync.
If You Were Arrested by Mistake, Your Rights Under HB24-1133
Being arrested by mistake is not a minor inconvenience that disappears when you walk out of the police station. That arrest creates a record. That record can show up on background checks for years. And until recently, many people in this situation had no clear path to address it.
HB24-1133 specifically strengthened protections for people arrested due to mistaken identity, cases where law enforcement identified and detained the wrong person. This includes situations where you shared a name or physical description with someone who had an active warrant, cases where a database error triggered an incorrect arrest, and situations where charges were dropped immediately once the error was identified.
Documentation that helps your petition:
- Court records showing case disposition (dismissed, charges dropped, or no charges filed)
- Any written acknowledgment from the arresting agency regarding the error
- Your own identification records establishing who you are
Under the mistaken identity provision, you may petition to seal the arrest record even if no charges were ever formally filed. The legal system made an error. You should not be carrying the consequences of it.
This is a group of people who often don’t know this option exists at all. If this describes your situation, the right first step is a conversation with our office, not resignation.
Record Sealing and Immigration: What You Need to Know
This section requires honesty more than it requires reassurance. You’ll get both.
Sealing your Colorado criminal record is not the same as expungement. Even after a successful sealing petition, law enforcement, federal courts, and certain professional licensing boards retain the ability to access your sealed record. More critically for immigrants: federal agencies, including USCIS and ICE, maintain independent databases that are not automatically updated or cleared by a Colorado state sealing order.
What this means practically: a background check run by a Colorado employer using a consumer reporting agency may not surface a sealed record. A federal background check conducted during a green card application or naturalization review may still reveal it.
That’s not a reason to dismiss sealing. It’s a reason to understand exactly what sealing does and doesn’t accomplish before you file.
What sealing typically helps with:
- State and local employer background checks
- Rental applications using consumer reporting agencies
- Colorado professional license applications (varies by licensing board)
- Reducing public access to your record
What sealing may not resolve:
- Federal employment background checks
- USCIS or ICE review in active immigration proceedings
- Military service or federal security clearance applications
If you have immigration concerns tied to a criminal record, even an arrest that never resulted in a conviction, we strongly recommend consulting both a criminal defense attorney and an immigration attorney. Those are two separate bodies of law, and they interact in ways that require both perspectives.
As a former Assistant U.S. Attorney, Miguel has direct experience with how federal agencies treat criminal records in immigration proceedings. That background matters when evaluating your full picture, not just the state-level pieces, but what’s happening on the federal side as well. Our firm handles both criminal defense and immigration matters, which means you don’t have to piece together advice from two firms that have never spoken to each other.
How to Start the Process in Denver (Step-by-Step)
Step 1: Pull your criminal history.
Request your complete criminal record from the Colorado Bureau of Investigation. This tells you what’s actually on file, not what you remember, but what background check agencies see today. The CBI’s online portal allows individuals to request their own records.
Step 2: Determine eligibility.
Match your charge type and case outcome to the eligibility criteria above. Note your sentence completion date and calculate your waiting period. If you had a deferred judgment, multiple charges, or an old case where you’re not sure of the final disposition, this is where an attorney review saves you from filing a flawed petition.
Step 3: File the petition with the correct Denver court division.
Record sealing petitions are filed with the court that handled the original case. Denver cases are typically handled by the Denver District Court (for felonies) or Denver County Court (for misdemeanors and petty offenses). Greeley and Weld County clients file through the appropriate Weld County court. The petition must include the correct case number, your current identifying information, and documentation supporting your eligibility.
Step 4: Serve notice to required parties.
Colorado law requires that you properly notify the District Attorney’s office, and in some cases the arresting agency, when you file a sealing petition. Failure to serve correctly can delay your petition or result in dismissal.
Step 5: Attend a hearing if required, or await the court’s order.
Many routine petitions on dismissals, acquittals, and non-violent misdemeanors are granted without a hearing. Cases involving felonies, DA objections, or factual disputes may require a hearing before a judge. As a former state and federal prosecutor, Miguel knows how District Attorneys evaluate sealing petitions and how to frame yours in a way that holds up to their review.
Step 6: Confirm sealing with CBI and background check agencies.
Once the court issues the order, follow up directly with the CBI to confirm the order has been received and processed. Then check whether the major commercial background check databases have updated. The court order alone doesn’t close the loop.
What to Do Next
HB24-1133 opened real doors for Coloradans who have been waiting years for the law to catch up to their circumstances. Deferred judgments, mistaken identity arrests, lower-level felonies, and categories that were previously complicated or closed may now have a path forward.
But eligibility is not automatic, and “I think I might qualify” is not the same as knowing. The difference between a petition that succeeds and one that fails often comes down to whether the right documentation was filed, the right parties were served, and the petition was framed correctly for the judge reviewing it.
Miguel Martínez has helped thousands of families and individuals across Colorado for over 35 years. He’s seen what a sealed record can do, and what a poorly filed petition costs people who were eligible all along. If you’re ready to find out whether this law opens a door for you, we’re ready to help you figure out exactly what that door looks like.
Schedule Your Free Consultation Now
Call (303) 964-3200
Denver: 1776 Vine St, Denver, CO 80206
Greeley: 5312 W 9th St Dr, Suite 130, Greeley, CO 80634
¿Habla español? Nuestra oficina de Denver ofrece consultas en español. Llámenos al (303) 964-3200.
This article is for general informational purposes only and does not constitute legal advice. Record sealing eligibility depends on the specific facts of your case, the nature of your charges, and your complete case history. Laws and court procedures are subject to change. Consult a licensed Colorado criminal defense attorney before taking any action based on this content. The Law Offices of Miguel Martínez, P.C. are licensed to practice law in Colorado.
Frequently Asked Questions
What crimes are eligible for record sealing in Colorado after HB24-1133?
Eligible offenses generally include petty offenses, Class 1 and 2 misdemeanors, certain non-violent Class 4, 5, and 6 felonies, many drug offenses (with varying waiting periods), dismissed cases, acquittals, and, under HB24-1133, completed deferred judgments where the underlying offense would otherwise qualify. Class 1, 2, and 3 felonies, sex offenses requiring registration, and crimes against children are generally not eligible. Your specific charge, case outcome, sentence completion date, and case history all affect eligibility. A free record review with a licensed attorney is the most reliable way to determine where your specific case stands.
Does sealing my Colorado criminal record affect my immigration case?
Not in the way many people hope, and it’s important to understand why. Colorado state sealing orders restrict access for employers and landlords using consumer reporting databases, but federal agencies including USCIS and ICE maintain independent records that a state sealing order does not automatically clear. Sealing may still meaningfully improve your employment and housing situation at the state level, but it is not a complete solution for immigration-related record concerns. If you have immigration matters tied to a criminal record, even an arrest that never led to a conviction, consult both a criminal defense attorney and an immigration attorney to understand the full picture before making any decisions.
Is Colorado record sealing automatic now, or do I still need to file a petition?
Both pathways exist, and which one applies depends on your specific case. Colorado’s Clean Slate program does provide for automatic sealing in certain limited categories. However, most cases, including felonies, deferred judgments, and mistaken identity arrests, still require a petition filed with the court that handled the original case. Automatic sealing is also not instantaneous, and many people assume their record was sealed when it wasn’t. Before relying on automatic sealing, verify that your actual CBI record reflects a sealing order. If it doesn’t, or if you’re unsure whether the process completed, contact our office for a free eligibility review.
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