Colorado Record Sealing After HB24-1133: Who Qualifies, What It Costs, and What It Means for Immigrants

Law Offices of Miguel Martínez, P.C., Colorado Criminal Defense & Immigration Attorneys Since 1989

HB24-1133 changed who qualifies to seal a criminal record in Colorado, and for many people who have been carrying an old charge for years, it may have opened a door that was previously closed.

A sealed record means that landlords, employers, and the general public can no longer see it. They can’t ask about it, and in most cases, you’re legally permitted to say it doesn’t exist. For thousands of Coloradans, especially those who’ve been rejected for jobs or housing because of something that happened years ago, that’s not a small thing. It’s the beginning of a different life.

Before you allow yourself to get too hopeful, though, there’s something worth knowing: a lot of the news coverage around this law has overstated how much happens automatically. Most people with conviction records still need to take action. This guide will walk you through what actually changed, who actually qualifies, and what the process actually looks like, in plain English.

---

What Did HB24-1133 Actually Change?

Automatic Sealing, What It Is and Who Gets It Without Filing Anything

The “automatic sealing” provision in HB24-1133 has gotten the most attention and the most distortion.

Here’s what it actually means: certain non-conviction records are now supposed to be sealed automatically by the court, without you having to file a petition. This includes cases where charges were dismissed, where you were acquitted, or where a diversion was successfully completed. If your case ended without a conviction and it hasn’t been sealed yet, it should be, and under the new law, that process is supposed to happen on the court’s end.

Should. The system is not always fast, and it’s not always right.

If you have a non-conviction record that hasn’t been sealed yet, don’t assume it’s been taken care of. Pull your records (more on how to do that below) and confirm. If it hasn’t been processed, you may still need to file or have an attorney push the court to act.

Deferred Judgments Now Explicitly Sealable

Before HB24-1133, deferred judgments, cases where you completed a probationary period and the charge was later dismissed, existed in a legal gray area when it came to sealing. Courts handled them inconsistently.

The new law makes them explicitly sealable. If you completed a deferred judgment and the case was dismissed, you now have a clear legal path to seal that record. You’ll still need to petition, but the eligibility question has been settled.

The New Mistaken-Identity Expungement Right

This is the provision almost no one is talking about, and it’s the one that matters most for some of Miguel’s clients.

Under HB24-1133, if you were arrested because of a case of mistaken identity, meaning the arrest was not for your crime, you now have the right to petition for full expungement yourself. Not just sealing. Expungement, which is a higher standard of erasure under Colorado law. And critically, you don’t have to wait for the arresting agency to initiate it. You have standing to file directly.

For immigrants and others who have been living with an arrest record that was never theirs to begin with, this matters enormously.

---

Who Qualifies for Record Sealing in Colorado After HB24-1133?

Non-Conviction Records (Dismissed Cases, Acquittals, Diversions)

If your case was dismissed, you were found not guilty, or you successfully completed a diversion program, your record is likely eligible for sealing, and under the new law, may qualify for automatic sealing.

These are the easiest cases. The law has always been more favorable here, and HB24-1133 strengthened the path further.

Misdemeanor Convictions, Which Ones and When

Most misdemeanor convictions can be sealed in Colorado after a waiting period from the date your sentence was completed. The specific waiting period depends on the offense level.

Not all misdemeanors are sealable. Certain domestic violence misdemeanors and misdemeanors involving unlawful sexual behavior are permanently excluded. If you’re unsure whether your specific charge qualifies, that’s exactly the conversation to have with an attorney before you file.

Felony Convictions, What’s Possible and What’s Excluded

This is where people need the most clarity, and where the most confusion lives.

Some felony convictions can be sealed under Colorado law, including certain drug felonies and some lower-level class felonies, after the required waiting period is completed. HB24-1133 extended eligibility in some of these categories.

Offense Type	Waiting Period (from sentence completion)	Automatic or Petition?	Sealable?
Dismissed / Acquitted / Diverted	None (may be automatic)	Automatic (confirm with court)	YES
Completed Deferred Judgment	Varies	Petition required	YES (under HB24-1133)
Petty offense conviction	1 year	Petition required	YES
Misdemeanor conviction	Varies by offense level	Petition required	Most see exclusions
Drug misdemeanor	1 year	Petition required	YES
Drug felony conviction	Varies	Petition required	Many confirm by charge
Class 4–6 felony	Varies	Petition required	Some confirm by charge
Class 1–3 felony	N/A	Not eligible	NO
Sex offense	N/A	Not eligible	NO

Waiting periods are based on the August 2025 Colorado Judicial Branch guide. Confirm current figures at coloradojudicial.gov or with a licensed Colorado attorney.

---

What Records Can Never Be Sealed in Colorado?

Some records are permanently off the table, regardless of how much time has passed or what HB24-1133 changed.

Class 1 and Class 2 felonies cannot be sealed. Felony sexual offenses and any offense requiring sex offender registration are not eligible. Crimes involving domestic violence carry special restrictions, and DUI convictions are excluded from sealing under Colorado law, though the analysis changes if your DUI charge was reduced or dismissed.

This list is not exhaustive. If you have a serious violent offense in your history, don’t assume the answer is no, but don’t assume it’s yes either. The eligibility rules have layers, and a criminal defense attorney can give you the honest answer in a single consultation.

---

How Long Do You Have to Wait? Waiting Periods by Offense Type

The waiting clock starts when your sentence is fully completed, which means probation is done, fines paid, and restitution paid. Not the date of your conviction.

The timeline from filing to sealed record typically runs several months. Remote hearings are now permitted under Colorado law, which has made the process more accessible, especially for clients in Greeley or Colorado Springs who previously had to travel to Denver courthouses.

---

Not sure if your specific charge qualifies? The attorneys at the Law Offices of Miguel Martínez, P.C. have helped thousands of Colorado families navigate exactly this question, in English and in Spanish. Call (303) 964-3200 or schedule a free consultation today. Se habla español.

---

How Does the Record Sealing Process Actually Work? (Step by Step)

Step 1: Pull your records.
Request your Colorado criminal history through the Colorado Bureau of Investigation (CBI). Know exactly what’s on your record, including case numbers, charge levels, and disposition dates, before you do anything else.

Step 2: Confirm eligibility and your waiting period.
Match your charge type against the current eligibility rules. This is where mistakes happen. People file too early, for the wrong offense, or without realizing an exclusion applies. One filing mistake can set your case back significantly.

Step 3: File your petition.
The filing fee is $65, payable to the court. That covers the petition filing itself. Attorney fees are separate and vary, but given what’s at stake with your record, this is not a process designed for self-representation, especially if your case has any immigration dimension.

Step 4: Serve the District Attorney.
Once your petition is filed, the DA has 45 days to object. If they object, the court schedules a hearing. If they don’t, the judge can grant the sealing order without a hearing. In practice, what we see is that petitions filed at the wrong time or for ineligible offenses draw objections. Petitions filed correctly and completely are far more likely to move through without one.

Step 5: Attend the hearing if required.
Remote hearings are now available. If a hearing is scheduled, be prepared to explain why sealing your record serves the interests of justice. An attorney knows how to frame this correctly.

Step 6: Court order → agencies notified.
Once the judge signs the sealing order, the court notifies the relevant agencies, law enforcement, CBI, and courts to update their records. This process takes additional time after the order is signed. Follow up to confirm it’s been completed.

---

A Special Note for Immigrants: Does Sealing Your Record Affect Your Status or Travel?

This is the section many law firm websites skip entirely. It shouldn’t be skipped. It’s the question of keeping a lot of Miguel’s clients up at night.

Here is the honest answer: sealing your Colorado criminal record restricts public access to that record. Employers running standard background checks, landlords, and the general public will not see it. For those purposes, it works.

But Colorado’s sealing order does not govern federal databases. The FBI’s criminal history files, USCIS records, and DHS databases operate under federal law, and a state court’s sealing order does not reach them. If you are in immigration proceedings, applying for naturalization, or traveling internationally, a federal agency reviewing your history may still be able to see an arrest or conviction that has been sealed at the state level.

This is not a reason to avoid sealing your record. For most people, sealing still meaningfully improves their situation, particularly with employment and housing. But it is a reason to work with an attorney who understands both criminal law and immigration law before you file, rather than after.

Miguel Martínez built this practice at the intersection of those two systems. He came to this country from Mexico, navigated those systems personally, and has spent more than 35 years representing the families that carry the weight of both a criminal record and an uncertain immigration status. When he says he understands the fear behind the question, he means it in a way that’s earned.

For state-level employers and background checks: A sealed record generally cannot be seen or asked about. There are exceptions for certain licensed professions, for positions with state or federal government, and for regulated industries. Your attorney can tell you exactly where those exceptions apply in your situation.

---

What About Employers and Background Checks After Sealing?

In most cases, once your record is sealed, a standard employment background check will not show it. You are legally permitted to answer “no” when asked whether you have a criminal record, with a few important exceptions.

State and federal government employment: Federal agencies and some state positions may still access sealed records. Law enforcement, security clearance positions, and certain licensing boards are not subject to the same restrictions as private employers.

Professional licensing: If you are applying for a medical license, law license, real estate license, or another regulated professional credential, you may be required to disclose even sealed records. Each licensing board has its own rules. Do not assume sealing resolves a licensing issue without confirming with an attorney first.

For the vast majority of private employment, housing applications, and loan applications, a properly sealed record will not appear, and that change alone can open doors that have been closed for years.

---

Ready to Find Out If You Qualify?

You’ve been carrying that old charge long enough. HB24-1133 means more Coloradans have a legal path to move forward, and for many people who were told they didn’t qualify before, that answer may have changed.

The attorneys at the Law Offices of Miguel Martínez, P.C. have helped thousands of Colorado families fight for exactly this kind of fresh start since 1989, across more than 5,000 cases, in English and in Spanish. Miguel knows these courts. He knows how DAs review sealing petitions. And he knows what’s at stake for families who have waited too long already.

Justice is not freely given. But right now, the law may be on your side in a way it hasn’t been before.

---

Take the Next Step, Free Consultation

Law Offices of Miguel Martínez, P.C.
Criminal Defense & Immigration Attorneys Since 1989

Denver: 1776 Vine St, Denver, CO 80206
Greeley: 5312 W 9th St Dr Suite 130, Greeley, CO 80634

(303) 964-3200 (Denver) | (970) 353-9828 (Greeley)

Schedule Your Free Consultation Now →

Se habla español. Con Miguel Martínez, sí ganas.

---

This article is for informational purposes only and does not constitute legal advice. Colorado law changes frequently. For guidance specific to your situation, especially if immigration status is a factor, contact a licensed Colorado criminal defense attorney. The Law Offices of Miguel Martínez, P.C. is available for free consultations at either Denver or Greeley location.

Frequently Asked Questions