The Gap · Rules v2026.2, current through July 1, 2026
You can file years before Clean Slate reaches your case
Colorado now seals many records automatically. That is good law, and it has created a trap: the automatic clock is years longer than the clock for filing a motion yourself.
So thousands of people are waiting for the state to reach a case they could have sealed already. That waiting is the most expensive thing in this whole area of law, and nobody is billed for it.
Two clocks, one case
The petition clock is in C.R.S. § 24-72-706. It runs from the later of your final disposition or your release from supervision. The automatic clock is in C.R.S. § 13-3-117, and it runs from the final disposition.
Waiting periods, side by side
| Your case | You can file after | The state reaches it after | The Gap |
|---|---|---|---|
| Civil infraction | 1 year | 4 years | 3 years |
| Petty offense | 2 years | 7 years | 5 years |
| Misdemeanor | 3 years | 7 years | 4 years |
| Felony, where eligible | 5 years | 10 years | 5 years |
The last column is the Gap: the years you would spend marked for no reason other than not knowing you could file. For a petty offense it is five years.
Why nobody tells you this
- The court does not mail you the sealing order when automatic sealing happens. Nothing arrives to tell you either way.
- A district attorney's objection notice goes to your last known address, which for a ten-year-old case is often a decade stale.
- Most Colorado sealing pages on page one of a search predate the 2024 amendments and are quietly out of date.
- The state's own self-help site explains how to file. It does not tell you whether you qualify, or when.
What filing early is worth
Every month of the Gap is a month a background check can still see the case. Jobs, apartments, professional licences, volunteering at a school. The relief is the same either way; only the date changes.
A new conviction, an open case, or restitution you still owe changes the answer. Some offenses are excluded by statute and no waiting period helps. The Check says so plainly and sells you nothing when it does.
The Check below reads these rules against your own dates. It is free, it takes about four minutes, and it does not ask for your name or your email.
Common questions
Is Colorado's automatic sealing already happening?
Yes. Colorado began sealing eligible convictions on its own in 2024 and is working through older cases in batches. An automatic date in the past is a statutory clock, not proof that it happened to your case.
If I wait, is it free?
Yes, and for a patient person with a misdemeanor that is a real option. Waiting costs no money. It costs years of a record that the statute would already let you close.
Does filing a motion stop the automatic sealing?
No. They are two routes to the same result. If your motion is granted, the case is sealed and the automatic clock no longer matters.
Unburdened is not a law firm. This is legal information, not legal advice.