When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Colorado, expungement, also known as record sealing, is a legal process that allows an individual to have their criminal record either destroyed or sealed from public view under certain conditions. Colorado law permits the expungement of arrest records and some juvenile records, but it is more restrictive when it comes to adult criminal convictions. Generally, adult convictions cannot be expunged, with some exceptions for minor drug offenses, underage drinking and driving, and cases that result in a dismissal or acquittal. The eligibility for expungement often depends on the nature of the offense, the amount of time that has passed since the case was resolved, and whether the individual has successfully completed the terms of their sentence, including probation or deferred adjudication. Juvenile records are more commonly eligible for expungement, especially if the offense occurred before the individual turned 17 and they have since shown rehabilitation. The process typically involves filing a petition with the court, and if granted, the individual may legally deny the existence of the record in most situations. It's important to consult with an attorney to understand the specific criteria and process for expungement in Colorado.