misdemeanor · 3 years to file · Rules v2026.2, current through July 1, 2026
Sealing drug possession in Colorado
Colorado treats drug possession as a misdemeanor for sealing purposes. That sets your waiting period, and it is shorter than most people assume.
Two clocks run on your case, and they are years apart. The one you control is the shorter one.
The two dates that matter
- You can file by motion after
- 3 years, under C.R.S. § 24-72-706
- The state reaches it after
- 7 years, under C.R.S. § 13-3-117
- The Gap
- 4 years you do not have to wait
- The clock starts at
- the later of your final disposition or your release from probation, parole or jail
Those are the misdemeanor periods. If you are past the first date, you can file now, and waiting for the second one buys you nothing.
What this covers
- possession of a controlled substance, level 1 drug misdemeanor
- possession of a small amount of a schedule I or II substance
- possession of drug paraphernalia
Colorado treats drug convictions more generously than most states. C.R.S. § 24-72-707 sets out its own sealing route for many drug offenses, and simple possession is usually sealable. A distribution or trafficking count is a different question.
What can still stop it
- A conviction after this case.
- A criminal case open right now.
- Restitution, fines or court costs still owed. Pay them first; $224 of filing fee is wasted otherwise.
- A plea agreement in which you gave up the right to seal.
The Check below applies these rules to your own dates and gives you the two dates for your case, free, without asking who you are.
Common questions
How long after drug possession can I seal it in Colorado?
3 years from the later of your final disposition or your release from supervision, under C.R.S. § 24-72-706. The state's own automatic route takes 7 years.
What if I am not sure of the class?
Order your criminal history from the Colorado Bureau of Investigation; the class is printed on it. The Check also accepts "I am not sure" and widens the answer instead of refusing it.
Unburdened is not a law firm. This is legal information, not legal advice.