In Greeley, many people want to know can you get a misdemeanor expunged to enable them to move forward in life after completing their sentence. At McAdams Law Office, we frequently guide clients through this process and clarify that Colorado law rarely erases adult misdemeanor records entirely. Instead, most qualify for record sealing, which hides them from public view. True expungement applies only in narrow cases, such as mistaken identity or certain juvenile matters. Understanding the difference between sealing and expungement can determine whether your record remains visible to employers, landlords, or background checks.
Expungement permanently removes a record from public access, while sealing restricts visibility but allows certain agencies to view the information. In Colorado, adults rarely qualify for expungement, but sealing a misdemeanor record can still provide meaningful relief.
Under Colorado Revised Statute 24-72-706, individuals may petition the court to seal conviction records after a waiting period that varies depending on the offense type. Sealed records no longer appear in most background checks, helping individuals pursue jobs, housing, and education without the stigma of a past conviction. Law enforcement and certain employers, such as schools or government agencies, can still access sealed files when legally required.
Juvenile expungement functions differently. According to Colorado Revised Statute 19-1-306, once a juvenile record receives an expungement order, the individual may lawfully state they have no juvenile record. This distinction between adult sealing and juvenile expungement ensures that young offenders receive a second chance while maintaining accountability within the justice system.
Many states allow record relief once the person completes all sentencing requirements, including probation, restitution, and fines. Colorado provides a similar path, but the process involves a petition to the court for record sealing rather than full expungement. Eligibility depends on the charge, the time elapsed since case closure, and whether the person has avoided additional convictions. Examples of eligible misdemeanor records include:
Records linked to violent or sexual crimes usually remain public. Before pursuing the process, consulting with a criminal defense lawyer helps determine eligibility under current Colorado statutes.
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1. Verify eligibility. Review your conviction type and waiting period under C.R.S. 24-72-706. Certain misdemeanors require a two-year waiting period after completing all court-ordered conditions, while others may require longer.
2. Obtain case documents. Collect all relevant court and arrest records. These documents provide evidence of sentence completion and compliance.
3. File a petition. The motion for sealing must be submitted to the court where the conviction occurred. Proper notice goes to the district attorney, allowing the prosecution an opportunity to object.
4. Attend a hearing (if required). Some petitions require a court appearance. The judge considers the nature of the offense, time since conviction, and your rehabilitation efforts before granting or denying the request.
5. Secure the order. Once the court approves sealing, agencies update their databases to restrict public access. Under Colorado law, applicants may lawfully omit sealed convictions and state no criminal conviction, except where a statute authorizes access for specific agencies.
Following this sequence carefully ensures a smoother path toward a clean record and improved opportunities.
While many misdemeanors qualify for sealing, Colorado restricts relief for certain crimes. Offenses involving violence, domestic abuse, or sexual misconduct generally remain ineligible. Some felony convictions remain restricted, but certain non-violent felonies may qualify for sealing after meeting the required waiting periods under Colorado law.
Waiting periods vary by charge. For example, petty offenses often qualify after one year, while other misdemeanors may require up to five years. During this time, maintaining a clean record strengthens your case for sealing.
Those wondering again, can you get a misdemeanor expunged, should remember that adult expungement seldom applies in Colorado. Instead, sealing functions as the primary avenue for clearing a record, offering nearly identical benefits in practice. Juvenile cases or mistaken identity remain the only true expungement categories recognized under state law.
If uncertainty remains about eligibility, a reliable criminal defense lawyer can evaluate your record, confirm waiting periods, and guide you through petition preparation.
Understanding can you get a misdemeanor expunged in Colorado can be the first step toward restoring privacy and peace of mind. McAdams Law Office assists Greeley residents seeking record relief through sealing or expungement under Colorado law. Our team reviews eligibility, manages filings, and represents clients in court when needed. Take action today to protect your rights and move forward with confidence. Call us at (970) 353-0000 for a consultation.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.