My Colorado criminal record is sealed. Who can still see it?

If your Colorado criminal record is sealed, that means it is not visible to the general public. However, it may be accessed by:

• • you,
  • law enforcement agencies,
  • anyone who gets a court order to see your record (such as the “victim” in your case), or
  • anyone who runs an FBI background check on you (such as an employer or gun dealer).

Below I discuss what you need to know about who can see your sealed records and under what circumstances.

FBI Background Checks

Even though sealed records do not show up on standard background checks, they might still appear if an employer runs an FBI background check (where you give fingerprints).

The FBI is a federal agency and is under no obligation to follow a Colorado court’s “order to seal.” The FBI may as a courtesy seal your record from its National Crime Information Center (NCIC) database – but it does not have to.²

FBI background checks are typically required to apply for jobs at:

• federal government agencies,
• some state and local government agencies,
• the military,
• schools and childcare providers,
• banks, and
• the police department.

However, having a criminal record is not necessarily a bar to working at these institutions. This is especially true if your past conviction was long ago and is not related to the job you are applying for.¹

When You Buy Guns

It is possible that sealed records will show up if you try to buy a gun in Colorado because the seller will request a background check through Colorado’s Firearms InstaCheck Unit. This Unit draws on FBI data, so it could reveal your whole criminal history, whether or not it has been sealed.²

If You Get Arrested Again

Colorado prosecutors can access your record if you have been arrested or are even under investigation for a crime. The reason is to see whether your past conviction triggers harsher penalties for the current charge.³

Example: Mike got a record seal for a past conviction for possessing a wiretapping device in violation of C.R.S. 18-9-302. Then Mike gets arrested again for the same offense. In Colorado, a second-time offense for possession of a wiretapping device carries stiffer penalties than a first-time offense. So the prosecutor asks that the judge unseal Mike’s past record so that he can be prosecuted as a second-time offender.

What Crime Victims Can See

The alleged victim in your Colorado criminal case may be able to see your sealed records. For instance, police and prosecutors may give a crime victim sealed copies of police reports and restraining orders if the victim has a lawful need for them. An example is to use the records as evidence in a civil lawsuit against you.⁴

What Licensing Agencies Can See

Whether licensing agencies can access your Colorado sealed records depends on the agency. For instance, the Colorado State Bar may be able to access sealed records when considering an applicant’s “character and fitness.”⁵

It is usually in your best interest to be honest on a professional license application and reveal any sealed records. You should also consult with an experienced labor law attorney for guidance in your particular industry.

Expunged Juvenile Records

Your expunged juvenile records in Colorado do not show up on standard background checks. However, they are still visible to:

• local law enforcement
• the district attorney
• the Department of Human Services
• the Colorado Judicial Department
• the victim (if any).

Colorado law also bars expunged juvenile records from being accessed by the U.S. military. That being said, if you try to enlist, you must disclose all sealed and expunged records.⁶

Frequently Asked Questions

Can private employers see a sealed Colorado criminal record?

Generally no. Once a Colorado record is sealed, private employers conducting routine background checks should not be able to view the sealed case. In most situations, the record will not appear on standard employment screening reports.

Can landlords see a sealed Colorado criminal record?

Usually not. Sealed records are removed from public access and generally do not appear on tenant background checks. This can make it easier to qualify for rental housing.

Can colleges and universities see a sealed Colorado criminal record?

In most cases, educational institutions cannot access sealed criminal records through ordinary admissions background checks. However, specialized programs that require state or federal security clearances may be subject to different rules.

Can a sealed Colorado record affect a professional license?

Possibly. Certain licensing and regulatory agencies may have authority to review sealed records when evaluating applicants for professions involving public trust, safety, healthcare, education, law enforcement, or legal practice.

Can a sealed Colorado record affect a security clearance?

Yes. Federal agencies and employers conducting security-clearance investigations may have access to information that remains available in federal databases. Applicants should answer security-clearance questions truthfully and consult counsel if they have concerns about a sealed record.

Can I legally say I do not have a criminal record after my Colorado case is sealed?

In many situations, yes. Colorado law generally allows people with sealed records to treat the sealed matter as though it never occurred when dealing with employers, landlords, and the general public, unless a specific statutory exception applies.

Can I get a copy of my own sealed Colorado record?

Yes. Even after a record is sealed, the person whose record was sealed may obtain access to it through authorized procedures. This can be important when responding to immigration inquiries, licensing applications, or other situations where disclosure may be required.

Can a sealed Colorado conviction become public again?

Sometimes. Colorado law allows certain sealed records to be unsealed under specific circumstances. For example, some sealed conviction records may be unsealed if the person is later convicted of another criminal offense.

Can prosecutors and police see sealed Colorado records?

Yes. Courts, prosecutors, law enforcement agencies, probation departments, parole authorities, and other criminal justice agencies generally retain access to sealed records for authorized law-enforcement and criminal-justice purposes.

Can a crime victim access my sealed Colorado record?

Possibly, but not automatically. In certain circumstances, a victim may seek access to specific sealed records through lawful procedures or court authorization. Access is generally limited and depends on the purpose for which the records are requested.

Will a sealed Colorado record appear on an FBI background check?

It may. A Colorado sealing order does not automatically remove information from federal databases. Depending on the circumstances, a fingerprint-based federal background check may reveal information about a sealed Colorado case.

Can a sealed Colorado record affect my ability to buy a firearm?

Potentially. Firearm background checks may draw from state and federal databases that can contain information not visible during ordinary public background checks. Whether a sealed record appears depends on the specific databases involved and the nature of the case.

Do my records get sealed automatically? 

Eventually, all sealable criminal records will be automatically sealed by the state. The waiting periods are as follows: 

• Arrests with no charges: 1 year and 60 days after the arrest.
• Non-convictions: Immediately upon the dismissal or acquittal.
• Civil infractions: 4 years after the case closes.
• Petty offense convictions: 7 years after the case closes.
• Misdemeanor convictions: 7 years after the case closes.
• Felony convictions: 10 years after the case closes.⁴

However, you are advised to petition for a record seal as soon as you are eligible. Eligibility occurs years earlier than when the state will automatically seal them. 

Note that some criminal records can never be sealed from your record no matter how much time has gone by. Learn more in our article on Colorado record sealing. 

Additional Resources

For more information, refer to these official state websites:

• How to Seal Criminal Conviction Records – Colorado Judicial Branch.
• Sealing Your Record: What You Need To Know – Colorado State Public Defender.
• Increased Eligibility For Criminal Record Sealing – Colorado General Assembly.
• Sealing of Criminal Records – Colorado Judicial Committee.
• Court Order Sealing of Arrests – Colorado Bureau of Investigation.

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Legal References