Colorado Misdemeanors

A misdemeanor is a criminal offense that is considered less serious than a felony and more serious than a civil infraction. Instead of getting a stint in state prison, misdemeanors usually expose an offender to fines and brief periods of incarceration in a county facility. Each state defines and punishes misdemeanors differently; as such, let’s outline how Colorado classifies misdemeanors below.

What Is a Misdemeanor in Colorado?

Under Colorado law, crimes are generally divided into three categories: felonies, misdemeanors, and petty offenses (or infractions). After an overhaul in 2022 (SB21-271), Colorado currently has two classes of misdemeanors that differ based on the maximum penalty an offender could receive if convicted. In short, Class 1 misdemeanors have a higher maximum penalty of jail time and fines than Class 2 misdemeanors. Felonies are the next level of crime, which usually have more severe sanctions, while petty offenses, or infractions, fall below misdemeanors with significantly lower maximum penalties.

Colorado also has different classifications available for traffic misdemeanors under Title 42, and drug related misdemeanors, which have their own penalty structure. For petty offenses, Colorado typically punishes an offender with up to 10 days in jail and/or up to $300 fines.

Examples of more common types of misdemeanor offenses in Colorado would be lower level assaults, thefts below the misdemeanor magistrate class, and disorderly conduct. Many municipal ordinance violations, and some offenses regarding DUI's or driver's licenses (based on charging statute and priors) are codified as misdemeanors as well.

Misdemeanor Classes and Penalties in Colorado

For offenses committed on or after March 1, 2022, Colorado Revised Statutes (CRS) § 18-1.3-501 says that the following maximum penalties apply:

• Class 1 misdemeanor: up to 364 days in jail and/or up to $1,000 in fines.
• Class 2 misdemeanor: up to 120 days in jail and/or up to $750 in fines. The maximum time an offender can spend consecutively in county jail in a single case is 24 months. Some offenses carry special or enhanced caps (e.g., if it is considered to be of “extraordinary risk” or if the victim falls under any specified victim categories).

Traffic misdemeanors use their own schedule in CRS § 42-4-1701. As a general guide, Class 1 traffic misdemeanors can carry 10 days to 12 months in jail and $300–$1,000 in fines, while Class 2 traffic misdemeanors can carry 10–90 days and $150–$300 in fines, plus restitution and potential community service.

In addition to jail and fines, courts can order you to pay for damages (restitution). It may also put you on probation, or mandate counseling, community, or useful public service, and other conditions as authorized by law.

Misdemeanor Court Process in Colorado

In Colorado, County Courts handle most misdemeanors (along with traffic infractions, protection orders, and small claims cases). You can actually begin a felony complaint in County Court, but once you file it, it proceeds to the District Court. However, if it is a municipal ordinance misdemeanor, the appropriate municipal courts handle it.

The typical sequence it takes is as follows:

1. Arrest or citation: Law enforcement arrests or issues a summons to a suspect.
2. First appearance (aka arraignment): The court advises the defendant of their rights and what charges they are facing. They may decide to enter a plea at this point.
3. Pre-trial phase: This is when discovery, motions, plea negotiations, and possible diversion are done. Defendants who face possible jail time may receive a public defender if they are not able to afford one for themselves.
4. Trial (bench or jury) or plea: Many misdemeanor cases are resolved by agreement. But if, for any reason, no agreement is reached, the case proceeds to trial, where all evidence and witnesses are reviewed and a decision is made.
5. Sentencing: When the defendant is convicted or has taken a plea, the judge would impose a sentence within the applicable class limits and can add probationary conditions and restitution where appropriate.
6. Appeal: County Court judgments are generally appealable to the District Court. If the appellate decision of the District Court is further appealed, the case may reach the Court of Appeals or the Supreme Court, depending on the matter.

Jail sentences for misdemeanors are served in county jails or local detention facilities, not the Department of Corrections.

Misdemeanor Records in Major Colorado Cities

Denver (City & County of Denver): Denver County Court maintains its own public portal (separate from the statewide data system). You can search by name, case number, or booking number, view registers of actions, and access certain case information. Note: Denver County Court data is not included in the state’s Public Access System; to find those, use Denver’s portal.

Colorado Springs (El Paso County): El Paso County (4th Judicial District) provides an online Docket Search and a records request process via the Colorado Judicial Branch site for that district. You can request certified copies in person or by email using the district’s forms.

Aurora (Arapahoe/Adams Counties): Aurora misdemeanor cases generally run through the state Judicial Branch tools (docket lookup and records request) for the appropriate county and through any municipal-court portal for ordinance violations. Arapahoe County directs court-record seekers to the state Courts Records Search and the 18th Judicial District.

Statewide, the Judicial Branch offers:

• Courts Records Search: This includes a gateway page to public access and “Access Guide to Public Records”, and a searchable Docket interface.
• Colorado State Courts: Data Access: This includes register-of-actions data but excludes the Denver County Court.
• CoCourts.com: This is a judicial branch-initiated, fee-based records collector that offers broad case index access and registers of action.

How to Search for Misdemeanor Records in Colorado

1. Identify the forum: First, check whether the case is in County Court (state misdemeanor), Municipal Court (city ordinance), or District Court (on appeal or as filed). The Judicial Branch “Trial Courts by County” page helps you locate the proper court.
2. Use official portals: Start at the Courts Records Search and Docket Search pages. If the matter is a Denver County Court case, use Denver’s Public Portal instead.
3. Online records: You can expect to see public case indexes, usually including party names, case number, charges, events, dispositions, sentences (jail/probation/fines), and outstanding balances. Many portals provide the register of actions. You may need to request certain documents from the appropriate clerk.
4. Offline records: If you can’t find the information online, contact the clerk’s office for that court to request copies or certified records. Districts like El Paso provide specific request forms and email workflows.
5. Criminal history vs. court dockets: For a statewide arrest/charge history, the Colorado Bureau of Investigation offers the Internet Criminal History Check (ICHC) (which is name-based and fee-based). This is distinct from a particular court’s docket.

How Long Does a Misdemeanor Stay on Your Record in Colorado?

There is no automatic expiration of a misdemeanor conviction by passage of time alone. Such records typically require sealing (Colorado does not “expunge” adult convictions). Colorado’s modern sealing framework (Title 24, Art. 72, Part 7) provides two main ways of sealing records:

• Petition-based sealing of convictions: Many misdemeanor convictions can be sealed by petition after waiting periods—commonly about three years after completion of all sentence terms (with no new offenses and subject to exclusions like certain traffic/DUIs). Exact eligibility and waiting periods are set in CRS § 24-72-706 and related sections.
• Automatic (Clean Slate) sealing:Colorado’s “Clean Slate” reforms provide for automatic sealing of certain records after longer periods if no disqualifying events occur. For many misdemeanors, automatic sealing may occur after several years (commonly cited as around seven), while petty offenses and civil infractions may clear sooner, and eligible low-level felonies later. Consult the Judicial Branch’s Sealing Criminal Records handouts and statutory references for current timelines and exceptions.

Separate rules apply to non-conviction outcomes (acquittals, dismissals, successful diversion, or deferred judgment), which are often sealable immediately or via a simplified process. Official overviews and the CBI’s statute list (CRS §§ 24-72-704 to -710) explain what can be sealed and how. Even after sealing, criminal justice agencies retain access.

Unless you actively get your record sealed (or qualify for automatic sealing), your Colorado misdemeanor can remain publicly visible indefinitely across court indexes and background checks.