- Can I have my record cleared if I live outside Denver?
Yes, but the offense you are seeking to clear must have been committed in Denver. We can’t clear low-level marijuana crimes off your record that took place outside of Denver.
- What if I was originally arrested for possession of marijuana but ultimately pled guilty to a lesser charge, can I have the lesser charge vacated and sealed?
Yes, as long as the original conduct is currently legal.
- Do people have to attend a clinic to have their records sealed?
No. We have hosted clinics to help people clear their records, but you can apply online. See the application instructions.
- What identification do I need to provide?
A government-issued photo identification, such as a driver's license, state-issued ID card, or U.S. passport.
- Why do people need to pre-apply?
The pre-application phase is not mandatory, but it can help expedite the process.
No. A city attorney or district attorney will assist you through the process.
- How long will the process take?
Once the applicant’s offense is deemed eligible for sealing, an attorney will file the motion within one to two business days. After that, it is up to the judge to decide. We anticipate most cases will be decided within a few weeks.
- What is considered a low-level offense?
Any marijuana offense that was based on conduct now legal under current law, including possession of less than 2 ounces. Offenses involving hemp, marijuana paraphernalia, and marijuana products could also be eligible.
- Are there any associated costs or fees?
Most applicants should not incur any costs. There is a $65 court filing fee. In some cases, there could be a $28 fee by the Colorado Bureau of Investigation. The applicant can request the court filing fees be waived. While funding is available, the Turn Over a New Leaf program and the Marijuana Industry Group, a TONL program sponsor, will cover the court filing fees that cannot be waived and the fees for the cases with the CBI fee.
- Are the Spanish language resources available?
A Spanish language application is available.
- Is there a deadline for low-level marijuana crimes to be expunged?
There is no deadline to apply.
- Why can't Denver vacate convictions in previous cases en masse, as some other states have done?
Other states have legislation that permits that action. Colorado's state legislature has yet to enact such a statute.
- What about convictions before 2001?
The date range is 2001 to present because that is how far back the court's computer system goes. If you have a case before 2001, fill out the application and we will do our best to assist.
- What if I have concerns about how this will impact my immigration status?
People with immigration concerns are encouraged to apply.
- Who will be the primary beneficiaries of this program?
Past convictions can interfere with a person’s job prospects. Wiping out these offenses will benefit those individuals.
- What happens after a person's conviction is vacated, dismissed, and sealed?
By statute, that person is not required to disclose any information about that sealed conviction. That person can say he or she "has not been criminally convicted". § 24-72-703(4)(d)(I), C.R.S. (2018).
- Where can people send questions not answered here?
Questions can be emailed to NewLeaf@denvergov.org.