petty offense · 2 years to file · Rules v2026.2, current through July 1, 2026
Sealing petty offense in Colorado
Colorado treats petty offense as a petty offense 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
- 2 years, under C.R.S. § 24-72-706
- The state reaches it after
- 7 years, under C.R.S. § 13-3-117
- The Gap
- 5 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 petty offense periods. If you are past the first date, you can file now, and waiting for the second one buys you nothing.
What this covers
- first offense shoplifting under $50 in older cases
- public consumption of marijuana
- some fishing and wildlife violations
A petty offense has the widest Gap of any conviction: 2 years to file by motion against 7 before the state gets to it. Five years of a record for a case most people barely remember.
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 petty offense can I seal it in Colorado?
2 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.