Cannabis Expungement in Colorado

Colorado (CO)Petition-Based Expungement

Individuals must file a petition with the court to request expungement of eligible cannabis records.

At a Glance

Expungement Type
Petition-Based
Est. Eligible Records
~10,000
Eligible Offenses
4

Overview

Colorado was the first state to legalize recreational cannabis in 2012, but expungement efforts have developed more gradually. HB 20-1424, signed in 2020, streamlined the process for sealing records related to cannabis offenses that are no longer crimes. Governor Jared Polis also issued executive orders granting clemency to individuals convicted of possession of one ounce or less. While Colorado's program is petition-based rather than automatic, the simplified process and fee waivers have made it more accessible. The state continues to build on these efforts, though uptake has been lower than expected due to awareness gaps.

Eligible Offenses

Application Process

Individuals must petition the court where they were convicted. HB 20-1424 simplified the process and eliminated filing fees for eligible cannabis offenses. The governor also issued executive orders granting clemency for simple possession convictions.

Key Facts

1HB 20-1424 (2020) simplified record sealing for cannabis offenses no longer considered crimes.
2Governor Polis issued clemency for simple possession convictions via executive order.
3Filing fees are waived for eligible cannabis record-sealing petitions.
4The process requires petitioning the court in the jurisdiction of conviction.
5An estimated 10,000+ people are eligible but many have not yet applied.

Frequently Asked Questions

How do I seal a cannabis conviction in Colorado?+
File a petition to seal records with the court where you were convicted. Under HB 20-1424, filing fees are waived for cannabis offenses that are no longer illegal. You can file on your own or with the help of an attorney.
Did the governor offer clemency for cannabis offenses?+
Yes. Governor Polis issued executive orders granting clemency to people convicted of possessing one ounce or less of cannabis. This does not erase the conviction but does forgive the sentence.
What's the difference between sealing and expungement in Colorado?+
Colorado uses record sealing rather than expungement. Sealed records are hidden from most background checks but still exist in the court system. Expungement would fully destroy the records, which Colorado does not offer for cannabis offenses.

Related State Expungement Laws

Explore cannabis expungement laws in other states with similar programs or neighboring jurisdictions.

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Disclaimer: The information on this page is provided for educational and informational purposes only and does not constitute legal advice. Cannabis expungement laws are complex and subject to change. Colorado expungement rules, eligibility criteria, and processes described here are based on publicly available information and may not reflect the most current regulations. Always verify current laws with official Colorado state resources and consult with a qualified attorney before pursuing expungement or record clearing. Cannabismarketcap does not guarantee the accuracy or completeness of any information presented.