Know Your Rights

Your Registration Obligations (C.R.S. 16-22-108)

Colorado law requires individuals on the sex offender registry to:

• Register within 5 business days of establishing residence in a new jurisdiction
• Re-register annually (or every 90 days for Sexually Violent Predators) at your local law enforcement agency
• Report any changes to your name, address, employment, vehicle, or online identifiers within 5 business days

Failure to comply with registration requirements can result in additional criminal charges.

Your Rights During Registration

• Fee waiver for indigent persons: Your local law enforcement agency may waive the registration fee if you are indigent, and they must accept a timely registration even if you cannot pay at the time of registration (C.R.S. 16-22-108).
• No information beyond the statute: Law enforcement cannot require you to provide information beyond what is specified in C.R.S. 16-22-109. If you are asked for information not on the registration form, you are not obligated to provide it.
• Homeless registrants: Law enforcement agencies must accept registration from persons who lack a fixed residence (C.R.S. 16-22-108(1)(a)).

Fourth Amendment — Search & Seizure

Both the U.S. Constitution and Article II, Section 7 of the Colorado Constitution protect against unreasonable searches and seizures. Colorado’s constitution often provides broader protections than federal law.

• Not on supervision: You retain full Fourth Amendment rights. Being on the registry alone does not create a “special needs” exception to the warrant requirement.
• On probation/parole: You have reduced but not eliminated protections. Warrantless searches typically require a specific probation/parole condition authorizing them.
• Electronic devices: In People v. Gutierrez (2016), the Colorado Supreme Court emphasized that searches of cell phones require a warrant due to the vast amount of personal information they contain.

First Amendment — Internet & Speech

• Packingham v. North Carolina, 582 U.S. 98 (2017): The U.S. Supreme Court held unanimously that blanket bans on registered sex offenders accessing social media are unconstitutional.
• Colorado application: In People v. Landis (2021), the Colorado Court of Appeals upheld internet restrictions during active probation, distinguishing it from Packingham where the defendant had completed his sentence.
• Key takeaway: Once you have completed your sentence, broad internet or social media bans are unconstitutional. During supervision, only narrowly tailored restrictions may be permissible.

Due Process & Equal Protection

• Due process: You have the right to notice and a hearing before being placed on a higher tier or designated a Sexually Violent Predator.
• People in Interest of T.B. (2021): The Colorado Supreme Court held that mandatory lifetime registration for juveniles with multiple adjudications, without any mechanism for individualized assessment, violates the Eighth Amendment.
• Millard v. Rankin (10th Cir. 2020): The Tenth Circuit held that Colorado’s registration scheme is regulatory (non-punitive), reversing a district court ruling that found it unconstitutional. Future as-applied challenges remain possible.

Colorado Chance to Compete Act — Ban the Box (C.R.S. 8-2-130)

Since September 1, 2021, all private employers in Colorado are prohibited from:

• Requiring criminal history disclosure on an initial job application
• Asking about criminal history on the initial application
• Stating in a job advertisement that persons with criminal histories may not apply

What this means for you: Employers cannot ask about your criminal history until later in the hiring process. When they do, they must make an individualized assessment — blanket policies against hiring anyone with a sex offense conviction may be challenged.

Enforcement: Complaints are filed with the Colorado Division of Labor Standards and Statistics. Penalties range from a warning (first violation) to $25,000 (subsequent violations).

View Jobs & Employment Resources →

Colorado Housing Protections

Colorado has no statewide residency restriction law for registrants.

• Not on supervision: You may live wherever you choose. There is no state-level statute restricting proximity to schools, parks, or other locations.
• On supervision: Your probation or parole officer may impose proximity restrictions as conditions of supervision.

Municipal restrictions: At least 30 Colorado municipalities have enacted their own residency restrictions, including Broomfield, Englewood, Erie, Greeley, and Evans. Common restrictions include 1,000-foot buffers from schools, playgrounds, and daycares. Check your specific city or county ordinances.

Important: Municipal restrictions that are so severe they effectively constitute banishment may be subject to constitutional challenge. Sex offender status is not a protected class under federal or Colorado fair housing law, so private landlords generally can refuse to rent.

View Housing Resources →

Voting in Colorado (C.R.S. 1-2-103)

Colorado is one of the most favorable states for voting rights restoration.

• The only justice-involved people who cannot vote are those currently incarcerated for a felony conviction.
• People on parole CAN vote. Colorado considers persons on parole to have completed their “full term of imprisonment.”
• People on probation CAN vote.
• Being on the sex offender registry has no bearing on voting eligibility.
• Voting rights are automatically restored upon release from incarceration. No application, petition, or fee is required.
• Payment of restitution is NOT a condition of voting eligibility.

Register to vote: GoVoteColorado.gov | Colorado Secretary of State — Voting & Conviction FAQ

Deregistration Process (C.R.S. 16-22-113)

Colorado law allows eligible individuals to petition for removal from the sex offender registry after completing their sentence and a waiting period. The waiting period is measured from final release from court jurisdiction (end of probation/parole), not from sentencing or release from incarceration.

Critical requirement: You must not have been subsequently convicted of unlawful sexual behavior or have any pending prosecution for such offenses.

Who Cannot Petition (Lifetime Registration)

The following individuals are permanently ineligible for deregistration under C.R.S. 16-22-113(3):

• Sexually Violent Predators (SVPs) — designated under C.R.S. 18-3-414.5
• Sexual Assault — C.R.S. 18-3-402 (all degrees/classes)
• Sexual Assault on a Child — C.R.S. 18-3-405 (victim under 15, actor at least 4 years older)
• Sexual Assault on a Child by Position of Trust — C.R.S. 18-3-405.3
• Sexual Assault on a Client by a Psychotherapist — C.R.S. 18-3-405.5
• Incest — C.R.S. 18-6-301
• Aggravated Incest — C.R.S. 18-6-302
• Two or more convictions for unlawful sexual behavior (whether in the same case, separate cases, in Colorado or any other jurisdiction)

About Victim Age

The deregistration statute does not contain a standalone victim age threshold. However, a conviction under C.R.S. 18-3-405 (Sexual Assault on a Child) — which requires the victim to be under 15 years of age — results in permanent ineligibility. The exclusion is based on the statute of conviction, not the victim’s age standing alone.

Exception: Disability/Incapacitation

Even persons subject to lifetime registration may petition under C.R.S. 16-22-113(2.5)(a) if they suffer from a severe physical or intellectual disability rendering them permanently incapacitated and not an unreasonable risk to public safety. This was confirmed in People v. Warren, 2024 COA 60.

Step-by-Step: How to File for Deregistration

Step 1: Confirm Eligibility

• Verify your offense is not on the permanently excluded list above
• Calculate whether you have met the required waiting period from your final discharge date (end of probation/parole — not sentencing)
• Confirm no subsequent convictions or pending charges for unlawful sexual behavior

Step 2: Obtain the Required Forms

The Colorado Judicial Branch provides the following forms at coloradojudicial.gov:

For out-of-state convictions, use JDF 473 and companion forms in the 470s series.

Step 3: Send Pre-Filing Notifications

Before filing, send copies of the petition by certified mail, return receipt requested to:

• All local law enforcement agencies where you are currently registered
• The District Attorney for each jurisdiction where registration is required
• The original prosecuting attorney who obtained the conviction

Step 4: File the Petition

• Colorado convictions: File JDF 461, JDF 462, and JDF 463 with the court where you were originally convicted. No filing fee required.
• Out-of-state convictions: File a civil case in the district court of the judicial district where you reside. Civil filing fees apply. The court will determine the Colorado-equivalent offense classification to set the waiting period.

Step 5: File Proof of Service

File the return receipts (green cards) with the court, along with JDF 479, within 21 days of service.

Step 6: Court Hearing

• If no objection from the DA or victim: the court may grant the petition without a hearing.
• If the DA or victim objects: the court must conduct a hearing.
• The victim receives notice at least 60 days before potential deregistration and has the right to submit written or oral testimony.

Step 7: If Granted

Provide a certified copy of the court’s order (JDF 463) to every law enforcement agency listed in the petition and to the Colorado Bureau of Investigation (CBI), 690 Kipling Street, Denver, CO 80215.

What the Court Considers

The central question: “Is this person likely to commit a subsequent offense involving unlawful sexual behavior?”

The court evaluates:

• Recommendations from your probation or community parole officer
• Recommendations from your SOMB-approved treatment provider — this is often the most influential factor
• Statements from the prosecuting attorney
• Your presentence investigation report (PSI)
• Written or oral testimony from the victim

Important: Even when all requirements are met, the judge retains full discretion and is not obligated to grant the petition.

Common Pitfalls to Avoid

• No treatment provider support: A negative recommendation from your SOMB-approved treatment provider will very likely result in denial. Complete all treatment and obtain a favorable recommendation before filing.
• Miscalculating the waiting period: The clock starts at final discharge (end of probation/parole), not at sentencing or release from prison.
• Failing to serve all required parties: Missing any party on the certified mail list can invalidate the petition.
• Not filing return receipts: The green cards must be filed with the court attached to JDF 479.
• Stopping registration while petition is pending: You must continue to register until the court issues a final order. Failing to do so is a criminal offense (C.R.S. 18-3-412.5).
• Filing for an excluded offense: If your conviction is on the permanently excluded list, the petition will be denied (unless pursuing the disability exception).
• Proceeding without counsel: While not required, legal representation significantly improves your chances, especially if the DA objects and a hearing is required.

Juvenile Deregistration (HB21-1064)

Significant reforms enacted in 2021 provide improved pathways for juveniles:

• Automatic termination: Registration duty automatically ends when the juvenile reaches age 25 or 7 years from the date of required registration, whichever is later — provided no subsequent adult conviction for unlawful sexual behavior.
• Law enforcement duty: Local agencies must advise a person when their duty to register has automatically terminated and remove them from registries.
• Judicial discretion at sentencing: Courts may exempt first-offense juveniles from registration if an SOMB evaluator recommends it.
• Out-of-state transfers: If a juvenile’s registration duty was terminated by court order in another state, they are not required to register in Colorado.

Exclusions still apply: Juveniles adjudicated as SVPs, or for Sexual Assault on a Child (C.R.S. 18-3-405) or Sexual Assault on a Child by Position of Trust (C.R.S. 18-3-405.3), or with multiple adjudications, remain permanently ineligible.

Key Case Law

• McCulley v. People, 463 P.3d 254 (Colo. 2020): A successfully completed deferred judgment does not count as a “conviction” for purposes of the multiple-conviction bar. A prior deferred judgment that was dismissed will not block a deregistration petition on a separate conviction.
• People v. Warren, 2024 COA 60: The disability exception under C.R.S. 16-22-113(2.5)(a) applies even to persons subject to lifetime registration, expanding the disability pathway for those with permanent incapacitation.

Colorado Judicial Branch — Deregistration Forms & Instructions

Your Rights During SOMB-Mandated Treatment (C.R.S. 16-11.7-101)

• Right to consult an attorney at any time. Confidential consultation with counsel is NOT a violation of treatment confidentiality rules under SOMB standards.
• Fifth Amendment during polygraphs: In United States v. Von Behren (10th Cir. 2016), the court held that requiring self-incriminating answers during a sexual history polygraph, under threat of revocation, violates the Fifth Amendment. You may refuse to answer specific questions that could subject you to new criminal prosecution.
• Right to file complaints: If an SOMB-approved provider violates SOMB Standards, you have the right to file a formal complaint. Learn more about the complaint process →
• Confidentiality: When a complaint is determined unfounded through mutual agreement, the results remain confidential.

Important: While you can invoke the Fifth Amendment on specific self-incriminating questions, you generally cannot refuse to participate in treatment entirely without consequences. This is a nuanced area — consult an attorney for guidance.

What Is Public vs. Private (C.R.S. 16-22-110, 16-22-112)

Public information: Name, address, aliases, date of birth, photograph, the offense leading to registration, and the offense date.

Protected information:

• Victim information must NEVER be released (C.R.S. 16-22-110).
• Registry information is released for public protection purposes only, not for retribution or additional punishment.

Limits on access:

• Only persons 18 years or older residing in Colorado may request registry information.
• Requesters can access information about registrants in their own jurisdiction or contiguous jurisdictions without special justification.
• Requests for non-contiguous jurisdictions require a demonstrated “need to know” for public protection purposes (C.R.S. 16-22-110(6)(d)).

Lifetime Supervision Act (C.R.S. 18-1.3-1001 through 1012)

Right to petition for reduced supervision: Under C.R.S. 18-1.3-1006, your community parole officer may petition the parole board for a reduction in supervision level if you demonstrate successful progress in treatment and do not pose an undue threat.

Right to petition for discharge from parole:

• Class 2 or 3 felony: After 20 years on parole, the parole board must schedule a hearing on discharge.
• Class 4 felony: After 10 years on parole, the parole board must schedule a hearing.

Right to challenge conditions:

• You can appeal probation revocation decisions on grounds of procedural errors, lack of evidence, or unfair treatment.
• The trial court retains jurisdiction to modify probation conditions at any time.
• Fifth Amendment protection: A judge cannot revoke probation solely because you refuse to accept responsibility for the crime during treatment, as this implicates the Fifth Amendment.

Travel & Interstate Visitation Rights

Colorado visitors: Under C.R.S. § 16-22-108, out-of-state registrants visiting Colorado must register within 5 business days if their stay exceeds 14 consecutive business days or 30 cumulative days in a calendar year.

Traveling from Colorado:

• Under supervision: You must obtain permission from your parole or probation officer before traveling. Provide your itinerary, including dates, destinations, and lodging details.
• Off supervision: SORNA notification requirements still apply. Check with local law enforcement about notification obligations before traveling.
• Interstate visits: Each state has different visitor registration requirements — ranging from 24 hours (Rhode Island) to 30 days (Washington DC). Some states like Florida trigger registration after just 3 aggregate days in a calendar year. Failure to register as a visitor can result in felony charges.
• International travel: Under SORNA, you must provide 21 days’ advance notice to local law enforcement before any international trip. Failure to comply is a federal felony under 18 U.S.C. § 2250, punishable by up to 10 years.

View Full Travel Guide & State-by-State Chart →

Right to Legal Representation

• Criminal proceedings: The Sixth Amendment right to counsel applies to all criminal proceedings, including probation/parole revocation hearings. The Colorado State Public Defender handles these cases for indigent defendants (C.R.S. 21-1-103).
• Deregistration hearings: There is no automatic right to appointed counsel for deregistration petitions. This is a significant gap — you bear the burden of proving you are no longer a risk, but there is no guaranteed public defender access for this process.

Consider Consulting an Attorney If:

• Your registration requirements have been applied incorrectly or increased without proper notice
• You are facing new charges related to a registration violation
• You want to petition for removal from the registry
• You are experiencing collateral consequences that may exceed what the law allows
• Your rights during treatment, probation, or parole are being violated
• A new law retroactively affects your registration obligations
• You are invoking your Fifth Amendment rights during treatment and facing consequences

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Key Colorado Cases