Cannabis Expungement Programs in Colorado

This article is general information, not legal advice. Laws change; check current rules with official sources or a lawyer.

Overview: Sealing, not expungement

Colorado does not technically 'expunge' most adult cannabis convictions — it seals them Strong evidence. 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 (such as applications to law enforcement, the bar, or certain licensing boards) Strong evidence.

Two main pathways exist:

1. Automatic sealing for certain low-level cannabis convictions, driven by HB 21-1090 and related legislation Strong evidence^[1].
2. Petition-based sealing for a broader range of cannabis offenses under CRS § 24-72-706 Strong evidence.

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 Strong evidence^[2].

This article is informational only and is not legal advice. Consult a Colorado-licensed attorney for guidance on your specific case.

Automatic sealing under Clean Slate

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 Strong evidence^[1].

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 Strong evidence^[3].
• Certain low-level misdemeanor and petty offense convictions after a waiting period with no new convictions Strong evidence^[1].

Implementation has been gradual. Being eligible on paper does not always mean your record has actually been sealed by the state. The Colorado Judicial Branch publishes updates on rollout status and self-help resources Strong evidence. If you believe you are eligible but your record has not been sealed, you may file a petition or contact the Judicial Branch.

Petition-based sealing under CRS § 24-72-706

If your cannabis conviction is not 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 Strong evidence:

• 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 Strong evidence^[4].

The petitioner files in the court of conviction, serves the district attorney, and — for many cannabis cases — the court is required to order sealing unless the DA objects and shows that the public interest in maintaining the record outweighs the petitioner's privacy interest Strong evidence.

What is not eligible

Not every cannabis-related record can be sealed. Common exclusions:

• DUI / DUID convictions involving cannabis are treated as traffic offenses and are generally not sealable under Colorado law Strong evidence.
• Convictions with a pending case or new conviction during the waiting period reset eligibility Strong evidence.
• Federal cannabis convictions are entirely outside Colorado's authority. A Colorado sealing order does nothing to a federal record Strong evidence^[5].
• Records may still be visible to law enforcement, the courts, and certain licensing or professional bodies even after sealing Strong evidence.

Sealing also does not restore firearm rights lost through federal law. Federal law 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^[5].

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 Strong evidence^[2]. In December 2021, following HB 21-1090, he expanded that to possession of up to 2 ounces, pardoning roughly 1,351 additional convictions Strong evidence.

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 Strong evidence^[2].

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.

Practical steps to get your record sealed

Starting points:

1. Get your criminal history. Request your record from the Colorado Bureau of Investigation (CBI) to see exactly what is on file Strong evidence^[6].
2. Check case status on the Colorado Judicial Branch's public case search to see whether anything has already been sealed automatically Strong evidence.
3. Use the state's sealing resources. The Judicial Branch publishes JDF forms (e.g., JDF 301, JDF 417) and instructions for petition-based sealing Strong evidence.
4. Consider free legal help. Organizations such as Colorado Legal Services and district attorneys' offices have periodically offered free sealing assistance through 'Clean Slate Clinics.' Availability changes year to year.
5. Consult an attorney for felony cases, 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 legislative changes

Key legislation:

• HB 20-1424 (2020) created a specific sealing pathway for cannabis convictions that would no longer be crimes Strong evidence^[7].
• HB 21-1090 (2021) established the Clean Slate framework and directed automatic sealing of eligible records Strong evidence^[1].
• SB 21-124 (2021) reduced most cannabis possession offenses to a level-2 drug misdemeanor and made related sealing easier Strong evidence^[4].
• SB 22-099 (2022) expanded automatic sealing to more offense categories and advanced implementation timelines Strong evidence.

Implementation of automatic sealing has proceeded more slowly in practice than the statutes projected. As of this verification date, some eligible records had not yet been sealed by the state system. Do not assume your case has been caught up automatically — verify your status through the Colorado Judicial Branch.

Last verified: 31 October 2026. Check the Colorado Judicial Branch website and the current text of CRS § 24-72-706 before taking action.

Sources

How this page was made

Related

• Automatic Expungement Programs — State-initiated clearing of cannabis convictions without individual petition or fees.
• Cannabis Driving Impairment Laws in Colorado — Colorado law, enforcement, penalties, and the limits of THC blood testing for impairment.
• Cannabis Expungement — How cannabis convictions are cleared or hidden, and what actually happens to your record.
• Cannabis Laws in Colorado — Adult-use legal since 2014; key limits, employment rules, and federal conflicts explained.