Cannabis Expungement Programs in Colorado
Colorado offers automatic and petition-based sealing for many low-level cannabis convictions, but the process has real limits and gaps.
Colorado has some of the more generous cannabis record-clearing laws in the country, but 'expungement' is a bit of a misnomer — most relief comes as automatic or petition-based sealing under CRS § 24-72-706. Automatic sealing only started rolling out in 2022 and covers a narrow slice of convictions. If you have a felony cannabis case, don't assume the state has already handled it. You often still need to file paperwork or hire an attorney. This is not legal advice.
Overview
Colorado does not technically 'expunge' most adult cannabis convictions — it seals them. A sealed record is hidden from most background checks and, under CRS § 24-72-703, the person may generally answer that the arrest or conviction never occurred, with limited exceptions (e.g., applications to law enforcement, the bar, or certain licensing boards).[1][2]
Two main pathways exist:
- Automatic sealing for certain low-level cannabis convictions, driven by HB 21-1090 and related legislation.[3]
- Petition-based sealing for a broader range of cannabis offenses under CRS § 24-72-706.[1]
A separate track — executive clemency — allows the Governor to pardon cannabis convictions. Governor Jared Polis issued mass pardons for possession of up to 2 ounces in 2020 and expanded that in 2021.[4][5]
This article is informational only and is not legal advice. Consult a Colorado-licensed attorney for guidance on your specific case.
What automatic sealing covers
HB 21-1090 (the 'Clean Slate' framework, later expanded by SB 22-099) directs the Colorado Judicial Department and the Colorado Bureau of Investigation to automatically seal eligible criminal records without requiring the person to file a petition.[3][6]
For cannabis specifically, automatic sealing generally applies to:
- Convictions for conduct that is no longer a crime in Colorado — for example, possession of up to 2 ounces of cannabis by an adult, which was legalized by Amendment 64 in 2012.[7]
- Certain low-level misdemeanor and petty offense convictions after a waiting period with no new convictions.[3]
Automatic sealing is being phased in, and there have been delays in implementation. Being eligible on paper does not always mean your record has actually been sealed yet Disputed. The Colorado Judicial Branch publishes updates on rollout status.[6]
Petition-based sealing under CRS § 24-72-706
If your cannabis conviction isn't automatically sealed, you can usually file a petition. CRS § 24-72-706 sets waiting periods based on offense level, running from the later of the final disposition or release from supervision:[1]
- Petty offenses / drug petty offenses: 1 year
- Class 2 or 3 misdemeanors / level 2 drug misdemeanors: 2 years
- Class 1 misdemeanors / level 1 drug misdemeanors: 3 years
- Class 4–6 felonies / level 3–4 drug felonies: 3 years
- Class 2 and 3 felonies / level 1–2 drug felonies: 5 years
SB 21-124 specifically expanded relief for people convicted of possession or use of cannabis in amounts that would now be legal, allowing them to petition immediately regardless of the standard waiting period.[8]
The petitioner files in the court of conviction, serves the DA, and — for many cannabis cases — the court is required to order sealing unless the DA objects and shows the public interest in maintaining the record outweighs the petitioner's privacy interest.[1]
What is not eligible
Not every cannabis-related record can be sealed. Common exclusions and complications:
- DUI / DUID convictions involving cannabis are treated as traffic offenses and are generally not sealable under Colorado law.[1]
- Convictions with a pending case or new conviction during the waiting period reset eligibility.[1]
- Federal cannabis convictions are entirely outside Colorado's authority. A Colorado sealing order does nothing to a federal record.[9]
- Records may still be visible to law enforcement, the courts, and certain licensing/professional bodies even after sealing.[2]
Sealing also does not restore firearm rights lost through federal law, which continues to classify cannabis as a Schedule I substance and bars users from possessing firearms under 18 U.S.C. § 922(g)(3) Strong evidence.[9]
Governor's pardons for cannabis
In October 2020, Governor Polis issued Executive Order D 2020 218, pardoning an estimated 2,732 people convicted of state-level possession of 1 ounce or less of cannabis.[4] In December 2021, following HB 21-1090, he expanded that to possession of up to 2 ounces, pardoning roughly 1,351 additional convictions.[5]
A pardon is not the same as sealing — it forgives the conviction but the record may still exist. To fully remove a pardoned conviction from public view, the person may still need to pursue sealing.[1][4]
Colorado does not currently have a standing, application-based cannabis-specific pardon program beyond these mass grants, though individuals can apply for clemency through the standard Executive Clemency Advisory Board process.
How to actually do it
Practical starting points:
- Get your criminal history. Request your record from the Colorado Bureau of Investigation (CBI) to see exactly what's on file.[10]
- Check case status on the Colorado Judicial Branch's public case search to see whether anything has already been sealed automatically.[6]
- Use the state's sealing resources. The Judicial Branch publishes JDF forms (e.g., JDF 301, JDF 417) and instructions for petition-based sealing.[6]
- Consider free legal help. Organizations such as Colorado Legal Services, the Meyer Law Office's clinic partners, and periodic 'Clean Slate Clinics' run by district attorneys' offices (Denver, Boulder, Denver Metro) have offered free sealing assistance. Availability changes year to year.
- Consult an attorney for felony cases, cases with multiple convictions, or anything involving immigration consequences.
Again: this is informational only, not legal advice. Statutes and procedures change — verify current law before filing.
Recent and pending changes
Key recent developments:
- HB 20-1424 (2020) created a specific sealing pathway for cannabis convictions that would no longer be crimes.[11]
- HB 21-1090 (2021) established the Clean Slate framework and directed automatic sealing.[3]
- SB 21-124 (2021) reduced most cannabis possession offenses to a level-2 drug misdemeanor and made related sealing easier.[8]
- SB 22-099 (2022) expanded automatic sealing to more offense categories and moved implementation forward.[12]
Implementation of automatic sealing has been slower in practice than the statutes suggest [evidence:reported]. As of the last-verified date on this article, some eligible records had not yet been sealed by the state. Do not assume the system has caught up to your case.
Last verified: 2025. Check the Colorado Judicial Branch and the current text of CRS § 24-72-706 before acting on this information.
Sources
- Government Colorado Revised Statutes § 24-72-706, Sealing of criminal justice records — other offenses.
- Government Colorado Revised Statutes § 24-72-703, Effect of sealing of records.
- Government Colorado General Assembly, HB 21-1090: Automatically Seal Criminal Records (2021).
- Government Office of Governor Jared Polis, Executive Order D 2020 218, Granting Pardons to Individuals Convicted of Possession of One Ounce or Less of Marijuana (October 1, 2020).
- Reported Paul, Jesse. 'Polis pardons 1,351 more people convicted of low-level marijuana possession in Colorado.' The Colorado Sun, December 15, 2021.
- Government Colorado Judicial Branch, Self-Help: Sealing Criminal Records.
- Government Colorado Constitution, Article XVIII, Section 16 (Amendment 64, Personal Use and Regulation of Marijuana, 2012).
- Government Colorado General Assembly, SB 21-124: Changes To Misdemeanor Drug Sentencing (2021).
- Government 18 U.S.C. § 922(g)(3), Unlawful acts (federal firearms prohibition for unlawful users of controlled substances).
- Government Colorado Bureau of Investigation, Criminal History Record Check.
- Government Colorado General Assembly, HB 20-1424: Marijuana Conviction Sealing Provisions (2020).
- Government Colorado General Assembly, SB 22-099: Sealing Criminal Records (2022).
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