A misdemeanor might seem minor, but it can follow you for years. If you’ve been charged or convicted, you may be wondering how long do misdemeanors stay on your record in Colorado. The answer depends on the offense, the court outcome, and whether the record can be sealed. A misdemeanor record can affect job applications, housing, and even background checks. Baker Law Group, PLLC helps individuals understand what stays on their record and how to move forward.
Do Misdemeanors Go Away in Colorado?
In Colorado, misdemeanors do not go away automatically. Once convicted, the charge remains on your criminal record unless you take action to seal or expunge it. Record sealing hides the case from public view, meaning employers and landlords generally cannot see it. Expungement, which deletes a record entirely, is only available in rare cases such as juvenile offenses.
Whether you can seal a record depends on the type of misdemeanor and the outcome. If the case was dismissed, you can request sealing immediately. If you were convicted, the waiting period typically ranges from two to five years after completing your sentence, probation, or parole. Some misdemeanors — especially those involving violence or sexual offenses — are not eligible for sealing under Colorado law. The court also considers your criminal history and whether you’ve been charged again since the original case. Acting quickly can make a difference in limiting long-term consequences.
Does a Class 1 Misdemeanor Stay on Your Record?
A Class 1 misdemeanor is the most serious level of misdemeanor in Colorado. It can carry up to 18 months in jail and fines of up to $5,000. Examples include third-degree assault, unlawful sexual contact, and certain theft offenses. Unless sealed, a Class 1 misdemeanor remains visible on background checks indefinitely. You may be able to seal a Class 1 misdemeanor after three to five years if you have no new convictions and meet all sentencing requirements.
However, crimes involving violence, domestic violence, or sexual misconduct are generally excluded from record sealing. For eligible offenses, the process begins with filing a petition in the court where the conviction occurred. You’ll need to show that your sentence is complete, fees are paid, and no new cases are pending. The judge then reviews whether sealing serves justice and public interest. A Denver misdemeanor lawyer can help ensure you meet every procedural requirement and maximize your chance of approval.
Does a Class 2 Misdemeanor Stay on Your Record?
Class 2 misdemeanors are less severe but can still have lasting effects. Common examples include petty theft, criminal mischief, and disorderly conduct. A Class 2 misdemeanor stays on your record unless sealed. The waiting period for sealing most Class 2 misdemeanors is about two years after the case closes. During that time, you must avoid new criminal activity.
If you meet the criteria, the court may approve sealing, which removes the record from public view. Employers, landlords, and licensing boards will no longer see the charge in most background checks. The benefit of sealing is significant — it allows you to rebuild your reputation without the weight of a past mistake. Baker Law Group, PLLC often advises clients to start the process as soon as they become eligible, since even a minor conviction can appear on official records indefinitely.
What Are the Types of Misdemeanor Offenses in Colorado?
Before determining how long misdemeanors remain on your record, it’s helpful to understand what constitutes a misdemeanor offense in Colorado. Misdemeanors are criminal offenses categorized as less serious than felonies but more severe than petty offenses. Common misdemeanor offenses include:
- DUI or DWAI charges
- Petty theft and shoplifting
- Simple assault or disorderly conduct
- Harassment
- Certain drug possession charges
- Vandalism or minor property damage
To learn more about the three types of misdemeanors in Colorado, Baker Law Group, PLLC has a full breakdown on our website.
Can You Remove a Misdemeanor from Your Record in Colorado?
While misdemeanors don’t vanish automatically, Colorado law provides avenues to seal certain misdemeanor records under specific circumstances. Record sealing does not erase the record entirely, but it prevents public access, ensuring the misdemeanor does not appear in routine background checks or employment screenings.
Colorado’s criminal record sealing laws have changed significantly over recent years, offering increased flexibility for sealing eligible misdemeanor offenses. Eligibility depends on several factors, including:
- The type and severity of the misdemeanor charge
- Completion of any required sentences, probation, fines, or restitution
- The passage of required waiting periods under Colorado law
- No further criminal convictions or pending charges after the original offense
Consulting with a knowledgeable Denver criminal defense lawyer at Baker Law Group, PLLC can clarify whether your misdemeanor qualifies for record sealing.
What If Your Misdemeanor Is Not Eligible for Sealing?
Not all misdemeanors are eligible for sealing in Colorado. If your record isn’t currently eligible, a skilled attorney can explore alternative legal strategies. These may include:
- Petitioning the court for relief, if appropriate
- Pursuing expungement or sealing based on changes in Colorado statutes
- Seeking post-conviction relief if your original conviction was unjust or flawed
Baker Law Group, PLLC’s experienced Denver expungement lawyers can review your circumstances thoroughly and identify legal avenues to improve your situation. If your case involves a domestic violence charge, those offenses have distinct guidelines and may require a longer waiting period or be ineligible for sealing altogether.
How to Begin the Process of Sealing Your Misdemeanor Record
The process of sealing misdemeanor records in Colorado typically involves several steps:
Obtaining your criminal records: You’ll need certified copies of your criminal history from the Colorado Bureau of Investigation (CBI) and court records.
Preparing your petition: You or your attorney will draft and file a petition with the court to request record sealing, explaining why your situation meets the legal criteria.
Court hearing: Some jurisdictions may require a hearing. Legal representation from a knowledgeable Denver attorney significantly improves your chances of approval.
Obtaining the sealing order: Once granted, your attorney ensures all relevant state agencies are notified and your records are adequately sealed.
Given the complexity involved, partnering with a trusted attorney from Baker Law Group, PLLC can streamline the process and enhance your chances of successfully sealing your misdemeanor record.
Ashley White, a senior criminal defense attorney at Baker Law Group, PLLC who spent a decade as a public defender before moving to private practice, describes what clients face when criminal charges follow them:
“I think that everyone makes mistakes in life, and you are better than the worst thing that you’ve ever done. Once a person is accused of a crime, they’re supposed to be presumed innocent — but quite frankly, they’re treated like they’re guilty from the start. I see those people as the underdog, and those are the people I really want to help.“ — Ashley White, Senior Attorney, Baker Law Group, PLLC
How Baker Law Group, PLLC Can Help
Knowing how long do misdemeanors stay on your record is only part of the solution. The next step is determining whether it can be sealed and how to do it correctly. Baker Law Group, PLLC helps clients across Colorado identify eligibility, prepare court filings, and represent them in hearings. Our attorneys understand how these records affect employment, housing, and licensing, and we work strategically to help you clear your name.
We combine experience, responsiveness, and results-driven advocacy to ensure your future isn’t defined by a single mistake. If you have questions about your record or want to learn if you qualify for record sealing, contact Baker Law Group, PLLC today for a confidential consultation.
