Sealing Juvenile Criminal Records: Requirements and Timeline
Juvenile criminal records can follow individuals into their adult lives, causing numerous difficulties. Many people who committed crimes in their younger years worry about their juvenile records popping up during background checks for jobs, housing, education, or even volunteer work.
At the Law Offices of Malcolm B. Seawell, PC in Denver, Colorado, I often meet clients who are haunted by mistakes they made as teenagers. The good news for people in this situation is that Colorado law provides a path for sealing juvenile criminal records — a legal process that can provide a clean slate and the freedom to move forward without being held back by one’s past.
Allow me to walk through everything you need to know about sealing juvenile records in Colorado: who qualifies, how the process works, what kind of timeline you’re looking at, and why sealing your record with the help of a criminal defense attorney can make a world of difference for your future.
What Does It Mean to Seal a Juvenile Record?
First things first: what does “sealing” a record actually mean?
When a juvenile record is sealed, it means that the general public no longer has access to it. The record doesn’t disappear completely—it still exists and can be accessed under certain legal circumstances—but it’s no longer part of your public history.
That means potential employers, landlords, school administrators, and most other private or public parties won't be able to see that the record exists.
Once sealed, individuals can legally answer “no” when asked whether they have a criminal record, at least as it pertains to that juvenile offense. This is incredibly empowering for people who want to move forward without being defined by their teenage mistakes.
Who Is Eligible to Seal Their Juvenile Records?
Sealing juvenile records in Colorado isn’t automatic for everyone, and there are several factors that determine whether you’re eligible.
Eligibility generally depends on three key elements:
The outcome of your case
The type of offense
Whether you've had any additional criminal issues since your juvenile case
Let’s break each of these down.
Outcome of the Case
If your criminal defense case ended in dismissal or acquittal, meaning no formal finding of guilt or responsibility was made, you’re often eligible to have your record sealed right away. There’s no waiting period, and you don’t need to prove rehabilitation or meet other requirements.
If, however, you were adjudicated delinquent (which is the juvenile court’s version of a guilty verdict), then additional requirements and waiting periods will apply.
Type of Offense
Some offenses are more serious than others, and the law treats them accordingly. Violent crimes, sexual offenses, and repeat felony-level offenses often carry stricter rules when it comes to sealing eligibility. In many cases, these types of offenses can’t be sealed at all, or the individual must wait a much longer period before petitioning the court.
On the other hand, less serious offenses—things like petty theft, underage possession of alcohol, or curfew violations—are often sealable with little delay once the sentence or diversion program has been completed.
Criminal History Since the Offense
If you’ve stayed out of trouble since your juvenile criminal defense case—no new arrests, no new charges, and certainly no new convictions—that works in your favor. The law looks more favorably on people who have shown they’ve learned from their mistakes and taken steps to improve their lives.
On the other hand, new offenses after your juvenile case may disqualify you from sealing your record, or at least delay your eligibility.
Waiting Periods
Even if you're eligible, you might not be able to seal your record immediately. Colorado has established waiting periods that must be met before a petition to seal can be filed.
Here’s a breakdown of the general timeframes you can expect.
Immediate Eligibility
If your case was dismissed, or if you were found not guilty, you may be able to petition to seal the record immediately. This is the fastest and simplest situation.
One-Year Waiting Period
For minor offenses or when no charges were filed after law enforcement contact, you typically have to wait one year from the final resolution of the case. This is often the case with petty offenses or low-level misdemeanors.
Three-Year Waiting Period
More serious criminal defense cases, including certain felony adjudications or those involving mandatory sentencing, require a three-year waiting period. This also applies if you were considered a repeat offender.
Five-Year Waiting Period
In some situations—especially if there was a long or intensive sentence involved—you may be required to wait five years from the date of sentence completion, final disposition, or release from supervision.
Remember: the clock doesn’t start ticking until your sentence is fully completed, which includes probation, community service, restitution, or any court-ordered programs.
The Step-by-Step Process to Seal a Juvenile Record
Once you’ve determined that you’re eligible and the necessary time has passed, you can start the sealing process. While it might sound simple, it involves a few key steps and some careful attention to detail.
Gather Documentation
The first thing you'll want to do is collect all the relevant records related to your case. This includes court documents, records of sentence completion, and any paperwork related to diversion programs, probation, or parole. Having everything organized ahead of time will make the process smoother.
File a Petition to Seal
You’ll need to file a formal petition with the same court that handled your juvenile case. This petition must include specific forms and supporting documentation. You may also need to provide personal information, a case summary, and proof that you meet the requirements.
Pay the Filing Fee
In most cases, there is a filing fee associated with submitting your petition. If you can’t afford the fee, you can request a waiver based on financial hardship. Be prepared to submit proof of income or other documentation to support your request.
Court Review and Hearing
Once your petition is filed, the court will review your case. In some instances, a hearing will be scheduled. During the hearing, the judge may ask questions to confirm your eligibility, and both the prosecutor and any victims may present objections.
It’s important to be honest, respectful, and prepared. If you've turned your life around, this is your opportunity to show the court how much you’ve grown.
Court Decision
If the court grants your petition, it will issue an order requiring all relevant agencies—such as law enforcement, courts, and the Department of Human Services—to seal your records. These agencies are then responsible for following the court’s instructions and making the records inaccessible to the public.
What Happens After Your Record Is Sealed?
After your record is sealed, your past offenses will no longer appear on background checks conducted by employers, landlords, or schools. You can answer “no” when asked if you have a criminal record—legally and honestly.
However, keep in mind that sealed records aren’t destroyed. They still exist and can be accessed under limited circumstances, such as by law enforcement, certain government agencies, or with a court order during future legal proceedings.
Sealing your record won’t erase it from existence, but it will effectively erase it from most people’s view, which can have an enormous impact on your future.
Special Considerations and Common Pitfalls
While the process may seem straightforward on paper, there are a few issues that can complicate things:
Pending Criminal Charges
If you have any open or pending criminal charges when you file your petition, the court will almost certainly deny it. You must wait until all cases are fully resolved before filing.
New Offenses During the Waiting Period
If you pick up a new charge or are convicted of another offense during the required waiting period, the clock resets. You’ll need to start the waiting period over from the date of the new offense’s final disposition.
Non-Sealable Offenses
Some crimes are explicitly excluded from being sealed, even if they occurred when you were a juvenile. These typically include sexual offenses, violent felonies, and certain drug trafficking cases. If your record includes any of these, you may not be eligible.
Automatic Sealing vs. Petition-Based Sealing
In certain low-level cases, records may be sealed automatically after a set period, especially if no further offenses occur. However, this automatic process doesn’t apply to most serious cases, which require you to actively petition the court. Don’t assume your record will disappear on its own—it usually won’t.
Why Sealing Your Juvenile Record Is Worthwhile
Sealing your juvenile record can be life-changing. You’ll no longer have to carry the burden of your past into job interviews, rental applications, or college admissions. It can restore your dignity, your confidence, and your opportunities.
Even if the process seems tedious or confusing, it’s absolutely worth pursuing. In many cases, people find the process straightforward with the right legal guidance from a criminal defense attorney. And the sense of relief and freedom that comes with a sealed record is priceless.
Contact an Experienced Criminal Defense Attorney
If you or someone you care about has a juvenile record in Colorado, don’t let it define your future. Let the Law Offices of Malcolm B. Seawell, PC help you seal your record. I’m proud to serve clients throughout the Denver Metro area, including Aurora, Golden, Lakewood, Arvada, Boulder, Brighton, Englewood, Castle Rock, Littleton, and Highlands Ranch. Contact me today to take the first step toward a brighter future.