Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0502.01 Michael Dohr x4347
SENATE BILL 22-099
Senate Committees House Committees
Judiciary Judiciary
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE PROCEDURE FOR SEALING OF CRIMINAL RECORDS101
FOR NONVIOLENT OFFENSES , AND, IN CONNECTION THEREWITH ,102
ADDRESSING WORKFORCE SHORTAGES ,
MINIMIZING BARRIERS103
TO EMPLOYMENT FOR JOB SEEKERS , AND MAKING AN104
APPROPRIATION.105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a consumer reporting agency, upon written
request from a consumer, to disclose to each consumer whose report
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
2nd Reading Unamended
April 29, 2022
SENATE
3rd Reading Unamended
April 20, 2022
SENATE
Amended 2nd Reading
April 19, 2022
SENATE SPONSORSHIP
Hisey and Rodriguez, Bridges, Buckner, Coleman, Donovan, Fenberg, Fields, Gardner,
Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Lundeen, Moreno, Priola, Story
HOUSE SPONSORSHIP
Tipper and Larson, Amabile, Bernett, Boesenecker, Daugherty, Duran, Exum, Garnett,
Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, Roberts, Soper, Weissman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. contains information from criminal justice records:
! Each source from which the agency compiled the
information; and
! The date on which the information was requested.
Currently, there is a process that allows for automatic sealing of
criminal justice records for certain drug offenses. The bill extends that
automatic sealing to all of the offenses, including civil infractions, that
allow the defendant to petition the court for sealing criminal justice
records that are not subject to the victims rights act. The bill streamlines
the automatic record sealing process. The bill requires the state court
administrator to produce an annual report regarding automatic record
sealing.
The bill makes it an unfair employment practice to discharge or
refuse to promote a person based solely on the contents of a sealed
criminal record and makes it an unfair housing practice to refuse to show,
sell, transfer, rent, or lease housing based on the contents of a sealed
criminal record.
The bill requires the Colorado bureau of investigation to produce
an annual report regarding record sealing.
The bill makes clarifying and organizational changes to the record
sealing statutes.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 5-18-1052
as follows:3
5-18-105. Consumer reports - accuracy of information.4
Whenever a consumer reporting agency prepares a consumer report,5
INCLUDING REPORTS THAT INCLUDE CRIMINAL JUSTICE RECORDS , the6
agency shall follow reasonable procedures to assure maximum possible7
accuracy of the information concerning the consumer about whom the8
report relates, including the use of the consumer's social security number9
if, in accordance with section 5-18-104 (1)(c)(I), the consumer's social10
security number is provided to the consumer reporting agency by a person11
intending to use the information contained in a consumer report in12
connection with a credit transaction involving the consumer and the social13
099-2- security number was initially provided to the user by the consumer in1
connection with that transaction. A
CONSUMER REPORTING AGENCY SHALL
2
EXCLUDE SEALED AND EXPUNGED RECORDS FROM A CONSUMER REPORT ,3
UNLESS THE USER OF THE REPORT DEMONSTRATES THAT THE USER IS4
OTHERWISE REQUIRED TO CONSIDER THE INFORMATION PURSUANT TO5
STATE OR FEDERAL STATUTE, RULE, OR REGULATION.6
SECTION 2. In Colorado Revised Statutes, 5-18-109, amend (2);7
and add (1)(e.5) as follows:8
5-18-109. Reporting of information prohibited - exceptions.9
(1) Except as authorized under subsection (2) of this section, no10
consumer reporting agency shall make any consumer report containing11
any of the following items of information:12
(e.5) S
EALED
RECORDS, EXPUNGED RECORDS, AND RECORDS THAT13
DID NOT RESULT IN A CONVICTION;14
(2) The provisions of subsection (1) of this section do not apply15
to the case of any consumer report to be used in connection with:16
(a) A credit transaction involving, or that may reasonably be17
expected to involve, a principal amount of one hundred fifty thousand18
dollars or more;
OR19
(b) The underwriting of life insurance involving, or that may20
reasonably be expected to involve, a face amount of one hundred fifty21
thousand dollars or more. or
22
(c) The employment of an individual at an annual salary that23
equals or is reasonably expected to equal seventy-five thousand dollars24
or more.25
SECTION 3. In Colorado Revised Statutes, 13-3-117, amend26
(1)(b), (1)(d), (2), and (3); and add (1)(a.5) and (4) as follows:27
099
-3- 13-3-117. State court administrator - automatic conviction1
sealing. (1) (a.5) T
HE STATE COURT ADMINISTRATOR SHALL COMPILE A2
LIST OF ELIGIBLE CONVICTIONS, EXCLUDING CRIMES PURSUANT TO SECTION3
24-4.1-302
(1):4
(I) T
HAT ARE ELIGIBLE FOR SEALING PURSUANT TO SECTIONS5
24-72-703
AND 24-72-706; AND6
(II) (A) I
F THE JUDGMENT
IS FOR A CIVIL INFRACTION, THAT FOUR7
YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF THE CASE ;8
(B) I
F THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR ,9
THAT AT LEAST SEVEN YEARS HAVE PASSED SINCE THE FINAL DISPOSITION10
OF THE CASE;11
(C) I
F THE CONVICTION IS FOR AN ELIGIBLE FELONY , THAT AT12
LEAST TEN YEARS HAVE PASSED SINCE THE DATE OF THE FINAL13
DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFE NDANT OR14
THE RELEASE OF THE DEFENDANT FROM SUPERVISION CONCERNING A15
CRIMINAL CONVICTION, WHICHEVER IS LATER.16
(b) The state court administrator shall use the state conviction
17
database and the conviction databases of entities that do not report18
convictions to the state database to compile the list. The state court19
administrator shall compile the list based on a name-based review with20
sufficient points of reference for identification validation as determined21
by the state court administrator. The state court administrator must only22
include convictions on the list if sufficient points of validation, as23
determined by the state court administrator, are present. T
HE STATE
24
COURT ADMINISTRATOR SHALL NOT INCLUDE ANY CASE IN WHICH THERE25
IS NO FINAL DISPOSITION ON ALL CHARGES IN THE CASE. THE STATE COURT26
ADMINISTRATOR SHALL NOT INCLUDE ANY JUDGMENTS FOR WHICH THE27
099
-4- DEFENDANT HAS AN INTERVENING JUDGMENT DURING THE FOUR -YEAR1
WAITING PERIOD IF THE JUDGEMENT IS FOR A CIVIL INFRACTION AND SHALL2
NOT INCLUDE ANY CONVICTIONS FOR WHICH THE DEFENDANT HAS AN3
INTERVENING CONVICTION DURING THE SEVEN -YEAR WAITING PERIOD IF4
THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR OR DURING5
THE TEN-YEAR WAITING PERIOD IF THE CONVICTION IS FOR A FELONY. The6
state court administrator shall sort the list by judicial district of7
conviction.8
(d) Beginning July 1, 2024, the state court administrator shall9
compile the A list OF DRUG CONVICTIONS, MISDEMEANORS, AND PETTY10
OFFENSES THAT ARE ELIGIBLE pursuant to this subsection (1) on the first11
Monday of every month and the Colorado bureau of investigation and12
district attorneys shall complete their review within thirty-five days of13
receiving a new list. The court shall seal all conviction records eligible for14
sealing pursuant to the list compiled pursuant to subsection (3)(a) of this15
section within fourteen days of receipt of the amended list from each16
district attorney A QUARTERLY BASIS. THE STATE COURT ADMINISTRATOR17
SHALL INCLUDE THE ELIGIBLE FELONY CONVICTIONS NOT FOUND IN18
ARTICLE 18 OF TITLE 18 PURSUANT TO SUBSECTION (1)(a.5) OF THIS19
SECTION BEGINNING ON JULY 1, 2025.20
(2) The state court administrator shall forward the list compiled21
pursuant to subsection (1) of this section to the Colorado bureau of22
investigation. EACH DISTRICT ATTORNEY, EXCEPT FOR CIVIL INFRACTIONS.23
T
HE STATE COURT ADMINISTRATOR SHALL SEND THE LIST OF CIVIL
24
INFRACTIONS TO BE SEALED WITH THE FINAL LIST PURSUANT TO25
SUBSECTION (3)(b) OF THIS SECTION TO THE CHIEF JUDGE FOR EACH26
JUDICIAL DISTRICT. The Colorado bureau of investigation shall compare27
099
-5- the list with criminal history reports. The Colorado bureau of1
investigation shall complete the comparison based on a fingerprint-based2
review with sufficient points of reference for identification validation as3
determined by the Colorado bureau of investigation. The Colorado bureau4
of investigation shall remove any convictions from the list from the state5
court administrator in which sufficient identification validation cannot be6
made by the Colorado bureau of investigation and any convictions for7
which the defendant has an intervening conviction during the seven-year8
waiting period if the conviction is for a petty offense or misdemeanor, or9
during the ten-year waiting period if the conviction is for a felony. The10
Colorado bureau of investigation shall forward each amended list to each11
district attorney. 12
(3) (a) (I) Upon receipt of the list from the Colorado bureau of13
investigation STATE COURT ADMINISTRATOR , each ELECTED district14
attorney,
OR HIS OR HER DESIGNEE,
shall remove convictions from the list15
MAY, WITHIN FORTY-FIVE DAYS, OBJECT TO THE INCLUSION OF A16
CONVICTION ON THE LIST FOR CIRCUMSTANCES in which a condition of17
THE plea was that the defendant agreed to not have the conviction record18
sealed, and convictions in which the defendant has a pending criminal19
charge,
AN INTERVENING CONVICTION , OR CONVICTIONS THAT ARE
20
INELIGIBLE FOR SEALING. Each district attorney shall send its amended list21
to the state court administrator. The state court administrator shall22
compile each of the lists into one final list and sort the convictions by23
judicial district.24
(II) F
OR A FELONY CONVICTION FOR AN OFFENSE NOT IN ARTICLE
25
18
OF TITLE 18, IN ADDITION TO THE OBJECTIONS IN SUBSECTION (3)(a)(I)
26
OF THIS SECTION, EACH DISTRICT ATTORNEY MAY , WITHIN FORTY-FIVE27
099
-6- DAYS, OBJECT WHEN THE DISTRICT ATTORNEY HAS A REASONABLE BELIEF ,1
GROUNDED IN SUPPORTING FACTS, THAT THE PUBLIC INTEREST AND PUBLIC2
SAFETY IN RETAINING PUBLIC ACCESS TO THE CURRENT RECORD OR CASE3
OUTWEIGHS THE PRIVACY INTEREST OF , OR ADVERSE CONSEQUENCES TO ,4
THE DEFENDANT.5
(III) E
ACH DISTRICT ATTORNEY SHALL FILE A NOTICE WITH THE
6
COURT IN THE CRIMINAL CASE THAT IS THE SUBJECT OF THE RECORD7
WITHOUT THE NEED FOR ADDITIONAL SERVICE ON ANY PARTY , NOTING THE8
BASIS OF THE OBJECTION.9
(IV)
FOR OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
10
SECTION, THE NOTICE MUST EXPLAIN THE BASIS FOR THE OBJECTION AND11
INCLUDE ANY AVAILABLE SUPPORTING DOCUMENTS . IN SUCH CASES, THE12
COURT SHALL SERVE NOTICE ON THE DEFENDANT AT THE DEFENDANT 'S13
LAST KNOWN ADDRESS AND EXPLAIN IN PLAIN LANGUAGE THAT THE14
DEFENDANT MAY REQUEST A HEARING ON THE MATTER . IF THE15
DEFENDANT REQUESTS A HEARING , THE COURT SHALL PROCEED PURSUANT16
TO SECTION 24-72-706.17
(V) T
HE STATE COURT ADMINISTRATOR SHALL REMOVE THE
18
CONVICTIONS OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST ,19
IF ANY, AND THEN COMPILE EACH OF THE LISTS INTO ONE FINAL LIST AND20
SORT THE CONVICTIONS BY JUDICIAL DISTRICT. ALL CONVICTIONS FROM21
THE INITIAL LISTS SHALL BE INCLUDED UNLESS OBJECTED TO WITHIN THE22
FORTY-FIVE-DAY PERIOD AS INELIGIBLE UNDER SUBSECTION (3)(a)(I),23
(3)(a)(II), or (3)(a)(III)
OF THIS SECTION.
24
(b) (I) The district attorney STATE COURT ADMINISTRATOR25
shall send the final list compiled pursuant to subsection (3)(a)26
SUBSECTION (3)(a)(V) of this section to the chief judge for the judicial27
099
-7- district. and The courts of that judicial district shall enter sealing orders1
based on the list received
WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE
2
AMENDED LIST FROM THE STATE COURT ADMINISTRATOR .3
(II) The district court shall send a copy of the sealing order to the4
Colorado bureau of investigation, the law enforcement agency that5
investigated the case, and the district attorney's office that prosecuted the6
case to facilitate sealing of the records held by those entities THE DISTRICT7
ATTORNEY'S OFFICES. The court shall also send a copy to the defendant if8
the contact information for the defendant is available and to the state9
court administrator for purposes of subsection (3)(c) SUBSECTIONS10
(3)(b)(III)
AND (3)(c) of this section.
11
(III) T
HE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY
12
SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION13
(3)(b)
TO THE COLORADO BUREAU OF INVESTIGATION USING AN
14
INFORMATION-SHARING DATA TRANSFER TO FACILITATE SEALING OF THE15
RECORDS HELD BY THE COLORADO BUREAU OF INVESTIGATION .16
(IV) T
HE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER
17
PURSUANT TO SECTION 24-72-703 (2)(c) AND SERVE THE SEALING ORDER18
ON ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION 24-72-70319
(8),
INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE
20
CASE.21
(c) O
N OR BEFORE JULY 1, 2024, the state court administrator shall22
develop a website that allows a defendant to confidentially determine23
whether his or her
THE DEFENDANT'S conviction has been sealed pursuant24
to this section and information about how to receive a copy of the sealing25
order.26
(4) (a) O
N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE27
099
-8- JANUARY 1 EACH YEAR THEREAFTER, THE STATE COURT ADMINISTRATOR1
SHALL REPORT TO THE JUDICIARY COMMITTEES OF THE SENATE AND THE2
HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES , BY3
JUDICIAL DISTRICT AND, TO THE EXTENT POSSIBLE , WITH DATA4
DISAGGREGATED BY RACE AND SEX AND BY OFFENSE LEVEL, THE NUMBER5
OF CONVICTION RECORDS IN THE PRIOR CALENDAR YEAR THAT:6
(I) W
ERE CONSIDERED FOR AUTOMATIC RECORD SEALING ;7
(II) T
HE STATE COURT ADMINISTRATOR SENT TO THE CHIEF JUDGES
8
FOR EACH JUDICIAL DISTRICT; AND9
(III) T
HE DISTRICT ATTORNEYS OBJECTED TO DUE TO :
10
(A) I
NTERVENING CONVICTIONS;
11
(B) T
HE INELIGIBILITY OF THE OFFENSE;
12
(C) P
ENDING CHARGES;
13
(D) P
LEA AGREEMENTS WAIVING THE RIGHT TO RECORD SEALING ;
14
AND15
(E) O
BJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
16
SECTION.17
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT18
REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.19
(c) D
URING THE 2023 AND 2024 LEGISLATIVE SESSIONS, THE
20
JUDICIAL DEPARTMENT SHALL REPORT ON THE PROGRESS OF ITS21
IMPLEMENTATION OF SECTION 13-3-117, INCLUDING THE CREATION OF THE22
WEBSITE PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION, AS PART OF23
THE DEPARTMENT 'S "STATE MEASUREMENT FOR ACCOUNTABLE,24
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING
25
REQUIRED BY SECTION 2-7-203.26
SECTION 4. In Colorado Revised Statutes, 18-1.3-101, amend27
099
-9- (10)(c); and add (10)(f) as follows:1
18-1.3-101. Pretrial diversion. (10) Diversion outcomes. (c) At2
any point after a diversion agreement is completed, a defendant may3
petition the court to SHALL seal all arrest and other criminal records4
pertaining to the offense using the procedure described in sections5
24-72-704 and 24-72-705. Unless otherwise prohibited under section6
24-72-703 (11), the court shall issue a sealing order if requested by the7
defendant following successful completion of a diversion agreement.8
(f) (I) U
PON COMPLETION OF DIVERSION IN A CASE MANAGED BY
9
A DISTRICT ATTORNEY DIVERSION PROGRAM PRIOR TO CHARGES BEING10
FILED, THE DISTRICT ATTORNEY SHALL SEAL THE DISTRICT ATTORNEY 'S11
DIVERSION RECORD WITHOUT A COURT ORDER . THIS SUBSECTION (10)(f)12
DOES NOT APPLY TO CASES WITH OFFENSES LISTED IN SECTION 24-4.1-30213
(1).14
(II) T
HE DISTRICT ATTORNEY SHALL NOTIFY THE COLORADO
15
BUREAU OF INVESTIGATION AND THE LAW ENFORCEMENT AGENCY THAT16
HAD CONTACT WITH THE INDIVIDUAL THAT DIVERSION IS COMPLETE AND17
THE CRIMINAL JUSTICE RECORDS ARE SEALED . ANY LAW ENFORCEMENT18
AGENCY THAT RECEIVES A NOTICE SHALL ACKNOWLEDGE RECEIPT OF THE19
NOTICE. THE COLORADO BUREAU OF INVESTIGATION , LAW ENFORCEMENT20
AGENCY, DIVERSION PROVIDER, AND DISTRICT ATTORNEY SHALL TREAT21
THE RECORDS AS SEALED WITHIN THIRTY -FIVE DAYS AFTER THE22
COMPLETION OF DIVERSION, AND ALL PROVISIONS OF SECTION 24-72-70323
SHALL APPLY TO THOSE RECORDS .24
SECTION 5. In Colorado Revised Statutes, 18-7-201.3, repeal25
(2)(a) and (2)(c) as follows:26
18-7-201.3. Affirmative defense - human trafficking -27
099
-10- expungement of record protective order - definitions. (2) (a) On or1
after January 1, 2016, a person charged with or convicted of prostitution,2
as described in section 18-7-201, or any corresponding municipal code or3
ordinance, for an offense committed before July 1, 2015, which offense4
was committed as a direct result of being a victim of human trafficking,5
as defined in subsection (4) of this section, may apply to the court for a6
sealing of his or her records pursuant to section 24-72-704 or 24-72-707,7
as applicable.8
(c) An official determination or documentation is not required to9
grant a motion pursuant to this subsection (2), but official documentation10
from a federal, state, local, or tribal government agency indicating that the11
defendant was a victim at the time of the offense creates a presumption12
that his or her participation in the offense was a direct result of being a13
victim.14
SECTION 6. In Colorado Revised Statutes, 18-13-107.3, repeal15
(3) as follows:16
18-13-107.3. Intentional misrepresentation of entitlement to17
an assistance animal - penalty - definitions. (3) (a) A defendant may18
petition the district court of the district in which any conviction records19
pertaining to the defendant's first conviction for intentional20
misrepresentation of entitlement to an assistance animal, as described in21
subsection (1) of this section, are located for the sealing of the conviction22
records, except for basic identifying information.23
(b) If a petition is filed pursuant to paragraph (a) of this subsection24
(3) for the sealing of a record of conviction for intentional25
misrepresentation of entitlement to an assistance animal, the court shall26
order the record sealed if the following criteria are met:27
099
-11- (I) The petition is filed;1
(II) The filing fee is paid or the defendant has filed a motion to2
file without payment with a supporting financial affidavit and the court3
has granted the motion;4
(III) The defendant's first conviction for intentional5
misrepresentation of entitlement to an assistance animal was at least three6
years prior to the date of the filing of the petition; and7
(IV) The defendant has not had a subsequent conviction for8
intentional misrepresentation of entitlement to an assistance animal.9
(c) An order entered pursuant to this subsection (3) must be10
directed to each custodian who may have custody of any part of the11
conviction records that are the subject of the order. Whenever a court12
enters an order sealing conviction records pursuant to this subsection (3),13
the defendant shall provide the Colorado bureau of investigation and each14
custodian of the conviction records with a copy of the order and shall pay15
to the bureau any costs related to the sealing of his or her criminal16
conviction records that are in the custody of the bureau unless the court17
has granted the motion specified in subparagraph (II) of paragraph (b) of18
this subsection (3). Thereafter, the defendant may request and the court19
may grant an order sealing the civil case in which the conviction records20
were sealed.21
SECTION 7. In Colorado Revised Statutes, 18-13-107.7, repeal22
(3) as follows:23
18-13-107.7. Intentional misrepresentation of a service animal24
for a person with a disability - penalty - definitions. (3) (a) A25
defendant may petition the district court of the district in which any26
conviction records pertaining to the defendant's first conviction for27
099
-12- intentional misrepresentation of a service animal, as described in1
subsection (1) of this section, are located for the sealing of the conviction2
records, except for basic identifying information.3
(b) If a petition is filed pursuant to paragraph (a) of this subsection4
(3) for the sealing of a record of conviction for intentional5
misrepresentation of a service animal, the court shall order the record6
sealed if the following criteria are met:7
(I) The petition is filed;8
(II) The filing fee is paid or the defendant has filed a motion to9
file without payment with a supporting financial affidavit and the court10
has granted the motion;11
(III) The defendant's first conviction for intentional12
misrepresentation of a service animal was at least three years prior to the13
date of the filing of the petition; and14
(IV) The defendant has not had a subsequent conviction for15
intentional misrepresentation of a service animal.16
(c) An order entered pursuant to this subsection (3) must be17
directed to each custodian who may have custody of any part of the18
conviction records that are the subject of the order. Whenever a court19
enters an order sealing conviction records pursuant to this subsection (3),20
the defendant shall provide the Colorado bureau of investigation and each21
custodian of the conviction records with a copy of the order and shall pay22
to the bureau any costs related to the sealing of his or her criminal23
conviction records that are in the custody of the bureau unless the court24
has granted the motion specified in subparagraph (II) of paragraph (b) of25
this subsection (3). Thereafter, the defendant may request and the court26
may grant an order sealing the civil case in which the conviction records27
099
-13- were sealed.1
SECTION 8. In Colorado Revised Statutes, 18-13-122, amend2
(13) as follows:3
18-13-122. Illegal possession or consumption of ethyl alcohol4
or marijuana by an underage person - illegal possession of marijuana5
paraphernalia by an underage person - definitions - adolescent6
substance abuse prevention and treatment fund - legislative7
declaration. (13) Sealing of record. (a) Upon dismissal of a case8
pursuant to this section after completion of a deferred judgment or9
diversion or any other action resulting in dismissal of the case or Upon10
completion of the court-ordered substance abuse education and payment11
of any fine for a first conviction of subsection (3) of this section, the court12
shall immediately order the case sealed
PURSUANT TO SECTION 24-72-70413
and provide to the underage person and the prosecutor a copy of the order14
sealing the case for distribution by the appropriate party to all law15
enforcement agencies in the case.16
(b) Upon the expiration of one year from the date of a second or
17
subsequent conviction for a violation of subsection (3) of this section, the18
underage person convicted of such violation may petition the court in19
which the conviction was assigned for an order sealing the record of the20
conviction. The petitioner shall submit a verified copy of his or her21
criminal history, current through at least the twentieth day prior to the22
date of the filing of the petition, along with the petition at the time of23
filing, but in no event later than the tenth day after the petition is filed.24
The petitioner shall be responsible for obtaining and paying for his or her25
criminal history record. The court shall grant the petition if the petitioner26
has not been arrested for, charged with, or convicted of any felony,27
099
-14- misdemeanor, or petty offense during the period of one year following the1
date of the petitioner's conviction for a violation of subsection (3) of this2
section.3
SECTION 9. In Colorado Revised Statutes, 24-72-701, add (2.5),4
(4.5), and (5.5) as follows:5
24-72-701. Definitions. As used in this part 7, unless the context6
otherwise requires:7
(2.5) "C
ONVICTION" MEANS A CRIMINAL JUDGMENT OF
8
CONVICTION AND DOES NOT INCLUDE INFRACTIONS THAT CONSTITUTE9
CIVIL MATTERS.10
(4.5) "C
RIMINAL JUSTICE RECORDS" MEANS ALL BOOKS, PAPERS,11
CARDS, PHOTOGRAPHS, TAPES, RECORDINGS, OR OTHER DOCUMENTARY12
MATERIALS, REGARDLESS OF FORM OR CHARACTERISTICS, THAT ARE MADE,13
MAINTAINED, OR KEPT BY ANY CRIMINAL JUSTICE AGENCY OR OTHER14
ENTITY, PUBLIC OR PRIVATE, IN THE STATE FOR USE IN THE EXERCISE OF15
FUNCTIONS REQUIRED OR AUTHORIZED BY LAW OR ADMINISTRATIVE RULE ,16
INCLUDING THE RESULTS OF CHEMICAL BIOLOGICAL SUBSTANCE TESTING17
TO DETERMINE GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS18
16-11-102.4
AND 16-23-104.19
(5.5) "D
ISPOSITION" HAS THE SAME MEANING AS SET FORTH IN20
SECTION 24-72-302.21
SECTION 10.
In Colorado Revised Statutes, 24-72-703, amend22
(1), (2)(a)(I), (2)(a)(III), (2)(b), (2)(c), (2)(d)(I), (8), and (12)(b); and23
add (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), and (2)(d)(IV) as follows:24
24-72-703. Sealing of records - general provisions - order25
applicability - discovery and advisements. (1) Applicability. The26
provisions of This section shall apply APPLIES to the sealing of arrest and27
099
-15- criminal JUSTICE records pursuant to sections 24-72-704 to 24-72-710.1
S
UBSECTIONS (2), (4), (5), (6), (7), AND (12) OF THIS SECTION APPLY TO
2
THE AUTOMATIC SEALING OF CRIMINAL JUSTICE RECORDS PURSUANT TO3
SECTION 13-3-117.4
(2) Effect of a sealing order. (a) (I) An order sealing arrest or5
other criminal records does not deny access to the criminal records of a6
petitioner or defendant by any court, law enforcement agency, criminal7
justice agency, prosecuting attorney, or party, or GOVERNMENTAL agency8
required by law STATUTE OR RULES OR REGULATIONS to conduct a9
criminal history record check on an individual,
INCLUDING FOR THE10
PURPOSE OF A PROSECUTOR
COMPLYING WITH PROSECUTORIAL DUTIES11
UNDER RULE 16 OF THE COLORADO RULES OF CRIMINAL PROCEDURE TO12
DISCLOSE CRIMINAL JUSTICE RECORDS IN CRIMINAL PROCEEDINGS .13
(III) A conviction RECORD sealed pursuant to this article 72 AND14
SECTION 13-3-117 may be used by a criminal justice agency, law15
enforcement agency, court, or prosecuting attorney for any lawful purpose16
relating to the investigation or prosecution of any case, including but not17
limited to any subsequent case that is filed against the petitioner or18
defendant;
FOR COLLECTING
FINES, COURT COSTS, LATE FEES, OR OTHER19
FEES; or for any other lawful purpose within the scope of his, her, or its20
THE AGENCY'S, COURT'S, OR ATTORNEY'S duties. A party or agency21
required by law to conduct a criminal history record check is authorized22
to use any sealed conviction for the lawful purpose for which the criminal23
history record check is required by law.24
(VI) T
HE SEALING OF A RECORD PURSUANT TO THIS ARTICLE 7225
AND SECTION 13-3-117
DOES NOT PRECLUDE A COURT 'S JURISDICTION26
OVER ANY SUBSEQUENTLY FILED MOTION , INCLUDING A MOTION TO27
099
-16- AMEND THE RECORD, A POSTCONVICTION RELIEF MOTION OR PETITION, OR1
ANY OTHER MOTION CONCERNING A SEALED CONVICTION RECORD .2
(VII) A
DEFENDANT WHOSE RECORD HAS BEEN SEALED OR3
EXPUNGED MAY ACCESS INFORMATION CONTAINED IN THE SEALED RECORD4
FROM THE COLORADO BUREAU OF INVESTIGATION WITHOUT A COURT5
ORDER. IN RESPONSE TO AN INQUIRY FROM THE DEFENDANT , THE6
C
OLORADO BUREAU OF INVESTIGATION SHALL REPLY BOTH PURSUANT TO7
SUBSECTION (2)(b) OF THIS SECTION AND WITH THE INFORMATION AND8
RECORDS UNDERLYING THE SEALED RECORD .9
(VIII) A
PROSECUTING ATTORNEY 'S ACCESS TO RECORDS
10
PURSUANT TO THIS SUBSECTION (2) DOES NOT REQUIRE A COURT ORDER .11
(IV) S
EALED COURT RECORDS ARE OPEN TO INSPECTION WITHOUT
12
COURT ORDER TO ANY PERSON OR AGENCY FOR RESEARCH PURPOSES IF13
ALL OF THE FOLLOWING CONDITIONS ARE MET :14
(A) T
HE PERSON OR AGENCY CONDUCTING THE RESEARCH IS
15
EMPLOYED BY THE STATE OF COLORADO OR IS UNDER CONTRACT WITH THE16
STATE OF COLORADO OR OTHER GOVERNMENTAL SUBDIVISION AND IS17
AUTHORIZED BY THE STATE OR SUBDIVISION TO CONDUCT THE RESEARCH ;18
(B) T
HE PERSON OR AGENCY CONDUCTING THE RESEARCH ENSURES
19
THAT ALL DOCUMENTS CONTAINING IDENTIFYING INFORMATION ARE20
MAINTAINED IN SECURE LOCATIONS AND ACCESS TO SUCH DOCUMENTS BY21
UNAUTHORIZED PERSONS IS PROHIBITED , THAT NO IDENTIFYING22
INFORMATION IS INCLUDED IN DOCUMENTS GENERATED FROM THE23
RESEARCH CONDUCTED , AND THAT ALL IDENTIFYING INFORMATION IS24
DELETED FROM DOCUMENTS USED IN THE RESEARCH WHEN THE RESEARCH25
IS COMPLETED;26
(C) T
HE PERSON OR AGENCY ONLY RELEASES ANY DATA IN
27
099
-17- AGGREGATE FORM;1
(D) I
F APPLICABLE, WHEN PUBLICLY REPORTING DE -IDENTIFIED
2
AGGREGATE INFORMATION ABOUT CRIMINAL JUSTICE ISSUES , THE3
INFORMATION WOULD BE INACCURATE WITHOUT THE INCLUSION OF4
SEALED RECORD INFORMATION ;5
(E) I
F APPLICABLE, WHEN THE PURPOSE OF THE RESEARCH CANNOT
6
BE ACCOMPLISHED WITHOUT THE INCLUSION OF DE -IDENTIFIED SEALED7
RECORD INFORMATION; AND8
(F) I
F APPLICABLE, WHEN THE PERSON OR AGENCY CONDUCTING
9
THE RESEARCH IS ALSO CONDUCTING DATA MAINTENANCE OR DATA10
LINKAGE ON BEHALF OF A CUSTODIAN OF CRIMINAL JUSTICE RECORDS AND11
REQUIRES ACCESS TO IDENTIFIED SEALED RECORD INFORMATION .12
(b) Except as otherwise provided in subsection (2)(a)(I) of this13
section, upon the entry of an order to seal the criminal records, the14
defendant and all criminal justice agencies may properly reply, upon an15
inquiry into the matter, that public criminal records do not exist with16
respect to the petitioner or defendant. U
PON AN INQUIRY
INTO A SEALED17
RECORD, A CRIMINAL JUSTICE AGENCY SHALL REPLY THAT A PUBLIC18
CRIMINAL RECORD DOES NOT EXIST WITH RESPECT TO THE DEFENDANT19
WHO IS THE SUBJECT OF THE SEALED RECORD .20
(c) Except as otherwise provided in subsection (2)(a)(I) of this21
section, inspection of the records included in an order sealing criminal22
records may thereafter be permitted by the court only upon petition by the23
petitioner or defendant. THE PERSON WHO IS THE SUBJECT OF THE24
RECORDS AND THE PROSECUTING ATTORNEY MAY INSPECT THE RECORDS25
INCLUDED IN AN ORDER SEALING CRIMINAL RECORDS WITHOUT A COURT26
ORDER AND ONLY FOR THE PURPOSES PERMITTED BY LAW .27
099
-18- (d) (I) Except as otherwise provided in subsection (2)(a)(I) of this1
section, employers, state and local government agencies, officials,2
landlords, and employees, AND ANY OTHER ENTITY shall not require an3
applicant to disclose any information contained in sealed conviction4
CRIMINAL JUSTICE records in any application or interview or in any other5
way. An applicant does not need to include a reference to or information6
concerning the sealed conviction records in answer to any question7
concerning conviction records that have been sealed and may state that8
the applicant has not been criminally convicted. An application may not9
be denied solely because of the applicant's refusal to disclose conviction10
records that have been sealed.11
12
(8) Service of sealing order. The court shall direct a sealing order13
entered pursuant to this part 7 to each custodian who may have custody14
of any part of the conviction CRIMINAL JUSTICE records OR ARREST AND15
CRIMINAL RECORDS INFORMATION that are the subject of the order. THE16
COURT SHALL DIRECT THAT THE SEALING ORDER APPLIES TO PUBLIC AND17
PRIVATE CUSTODIANS OF THE RECORDS . Whenever a court enters an order18
sealing conviction CRIMINAL JUSTICE records, the defendant COURT shall19
provide the Colorado bureau of investigation and each custodian of the20
conviction records with a copy of the order. The petitioner shall provide21
DEFENDANT MAY SERVE a private OR PUBLIC custodian with a copy of the22
order. and send the private custodian an electronic notification of the23
order. Each private custodian that receives a copy of the order from the24
petitioner DEFENDANT shall remove the records that are subject to an25
order from its database
AND SHALL SECURE AND KEEP CONFIDENTIAL ANY26
RECORDS IN THE CUSTODIAN'S POSSESSION. The defendant shall pay to the27
099
-19- bureau any costs related to the sealing of his or her THE DEFENDANT'S1
criminal conviction JUSTICE records in the custody of the bureau, UNLESS2
THE DEFENDANT DEMONSTRATES THAT THE RECORDS SHOULD HAVE BEEN3
AUTOMATICALLY SEALED PURSUANT TO SECTION 13-3-117, 24-72-704, OR4
24-72-705. Thereafter, the defendant may request and the court may grant5
an order sealing the civil case in which the conviction records were6
sealed.7
(12) Exclusions. (b) Conviction records must not be sealed if the8
defendant still owes restitution, NEITHER THE COURT NOR THE STATE9
COURT ADMINISTRATOR 'S OFFICE SHALL FACTOR IN OR TAKE INTO10
CONSIDERATION ANY UNPAID fines, court costs, late fees, or other fees11
ordered by the court in the case that is the subject of the motion to seal12
unless the court that entered the order has vacated the order WHEN THE13
COURT IS DETERMINING WHETHER THE RECORD SHOULD BE SEALED .14
15
SECTION 11. In Colorado Revised Statutes, 24-72-704, amend16
(2)(b)(I)(B) and (1)(d); and add (6) as follows:17
24-72-704. Sealing of arrest records when no charges filed -18
automatic sealing. (1) (d) Inspection of the records included in an order19
sealing criminal records may be permitted by the court only upon petition20
by the person who is the subject of the records or by the prosecuting21
attorney and only for those purposes named in the petition. THE PERSON22
WHO IS THE SUBJECT OF THE RECORDS AND THE PROSECUTING ATTORNEY23
MAY INSPECT THE RECORDS INCLUDED IN AN ORDER SEALING CRIMINAL24
RECORDS WITHOUT A COURT ORDER AND ONLY FOR THE PURPOSES25
PERMITTED BY LAW.26
(2) (b) (I) For arrests without a conviction after January 1, 2019,27
099
-20- but before January 1, 2022, the Colorado bureau of investigation shall1
automatically seal an arrest record that is in its custody and control of a2
person when no criminal charges have been filed:3
(B) Within eighteen months after the date of arrest for a4
misdemeanor offense, a misdemeanor traffic offense,
A CIVIL INFRACTION,5
a petty offense, a municipal ordinance violation for which the statute of6
limitations is eighteen months or less, or if there is no indication of the7
classification of the crime in the arrest data.8
(6) (a) B
EGINNING NOVEMBER 1, 2023, AND ANNUALLY9
THEREAFTER, THE COLORADO BUREAU OF INVESTIGATION SHALL REPORT10
THE NUMBER OF ARREST RECORDS SEALED
TO THE JUDICIARY COMMITTEES11
OF THE SENATE AND THE HOUSE OF REPRESENTATIVES , OR THEIR12
SUCCESSOR COMMITTEES , BY JUDICIAL DISTRICT AND, TO THE EXTENT13
POSSIBLE, WITH DATA DISAGGREGATED BY RACE AND SEX AND BY OFFENSE14
LEVEL.15
16
17
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT18
REQUIRED IN THIS SUBSECTION (6) CONTINUES INDEFINITELY.19
SECTION 12.
In Colorado Revised Statutes, 24-72-705, amend20
(1)(a) introductory portion, (1)(b), (1)(c), and (2); and add (1)(a.5) as21
follows:22
24-72-705. Sealing criminal justice records other than23
convictions - simplified process - applicability. (1) (a) O
N ITS OWN24
MOTION,
the court shall order the defendant's criminal justice records25
sealed when:26
(a.5) T
HE COURT SHALL NOT REQUIRE A WRITTEN MOTION OR ANY
27
099
-21- OTHER WRITTEN PLEADINGS FOR SEALING PURSUANT TO THIS SECTION . THE1
COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS2
SUBSECTION (1) AT THE TIME OF DISPOSITION AND SHALL SERVE THE3
SEALING ORDER PURSUANT TO SECTION 24-72-703(8) NO LATER THAN4
TWENTY-EIGHT DAYS AFTER THE DATE OF DISPOSITION.5
(b) If the court did not order the record sealing at the time of the6
dismissal or acquittal, the defendant may make such motion at any time7
subsequent to the dismissal or acquittal through the filing of a written8
motion in the criminal case with written notice to the prosecuting attorney9
C
OLORADO BUREAU OF INVESTIGATION SHALL AUTOMATICALLY SEAL THE10
RECORD UPON RECEIPT OF DISPOSITION IN THE CASE , UNLESS THE11
DEFERRED JUDGMENT IS INELIGIBLE FOR SEALING PURSUANT TO SECTION12
24-72-703 (12)(d).13
(c) If the defendant moves pursuant to subsection (1)(a) of this
14
section to seal his or her criminal justice records pursuant to the expedited15
procedures of this section, the court shall promptly process the16
defendant's request to seal the criminal justice records within the criminal17
case without the filing of an independent civil action and without any18
further evidence except for evidence of the dismissal or acquittal.19
Motions filed pursuant to this section are procedural in nature, and20
sealing pursuant to this section applies retroactively for all eligible cases21
when the case has been completely dismissed or the defendant has been22
acquitted of all counts in a state or municipal criminal case.23
(2) (a) A defendant moving to have his or her criminal justice24
records sealed or a defendant who has his or her criminal justice records25
sealed by the court pursuant to this section shall pay a processing fee of26
sixty-five dollars to cover the actual costs related to the sealing of the27
099
-22- criminal justice records, which the court may waive upon a determination1
of indigency IF THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES2
NOT OCCUR, THE DEFENDANT MAY MAKE A MOTION TO SEAL IN THE3
CRIMINAL CASE THE RECORD AT ANY TIME SUBSEQUENT TO THE DISMISSAL4
OR ACQUITTAL THROUGH THE FILING OF A WRITTEN MOTION . THE5
DEFENDANT MAY MAKE THE MOTION WITHOUT BEING CHARGED FEES OR6
COSTS.7
(b) When the motion to seal the criminal case is filed in state8
court, the processing fees collected pursuant to subsection (2)(a) of this9
section must be transmitted to the state treasurer and credited to the10
judicial stabilization cash fund created in section 13-32-101 (6).11
(c) When the motion to seal the criminal case is filed in municipal12
court, the processing fees collected pursuant to subsection (2)(a) of this13
section must be reported and paid as municipal costs and must be14
transmitted to the treasurer of the municipality and deposited in the15
general fund of the municipality pursuant to section 13-10-115.16
SECTION 13. In Colorado Revised Statutes, 24-72-706, amend17
(1)(b)(I), (1)(e), (1)(f)(I), and (1)(h); repeal (2)(c); and add18
(1)(b)(I.5), (1)(b)(III.3), (1)(b)(III.5), and (1)(i) as follows:19
24-72-706. Sealing of criminal justice records - processing fee.20
(1) Sealing of conviction records. (b) (I) If the offense is a
CIVIL21
INFRACTION, A petty offense, or a drug petty offense, the motion may be22
filed one year after the later of the date of the final disposition of all23
criminal
proceedings against the defendant or the release of the defendant24
from supervision concerning a criminal conviction.25
(I.5) I
F THE OFFENSE IS A SECOND OR SUBSEQUENT CONVICTION26
FOR A VIOLATION OF SECTION 18-13-122 (3), THE MOTION MAY BE FILED27
099
-23- ONE YEAR AFTER THE DATE OF THE SECOND OR SUBSEQUENT CONVICTION ,1
AND THE COURT SHALL ORDER THAT THE MOTION BE GRANTED IF THE2
DEFENDANT HAS NOT BEEN CONVICTED OF OR IS NOT CURRENTLY3
CHARGED WITH ANY FELONY , MISDEMEANOR, OR PETTY OFFENSE DURING4
THE PERIOD OF ONE YEAR AFTER THE DATE OF THE DEFENDANT 'S5
CONVICTION FOR A VIOLATION OF SECTION 18-13-122 (3).6
(III.3) N
OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION,7
IF THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL8
MISREPRESENTATION OF ENTITLEMENT TO AN ASSISTANCE ANIMAL AS9
DESCRIBED IN SECTION 18-13-107.3 (1), THE DEFENDANT MAY FILE A10
MOTION THREE YEARS AFTER THE CONVICTION AND THE COURT SHALL11
ORDER THE RECORD SEALED IF THE DEFENDANT DOES NOT HAVE A12
SUBSEQUENT CONVICTION FOR INTENTIONAL MISREPRESENTATION OF13
ENTITLEMENT TO AN ASSISTANCE ANIMAL .14
(III.5) I
F THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL15
MISREPRESENTATION OF A SERVICE ANIMAL , AS DESCRIBED IN SECTION16
18-13-107.7
(1), THE DEFENDANT MAY FILE A MOTION THREE YEARS AFTER17
THE CONVICTION, AND THE COURT SHALL ORDER THE RECORD SEALED IF18
THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CONVICTION FOR19
INTENTIONAL MISREPRESENTATION OF A SERVICE ANIMAL .20
(e) Conviction records may not be sealed if the defendant still
21
owes restitution, fines, court costs, late fees, or other fees ordered by the22
court in the case that is the subject of the motion to seal conviction23
records, unless the court that entered the order for restitution fines, court24
costs, late fees, or other fees vacated the order.25
(f) (I) If a motion is filed for the sealing of a
CIVIL INFRACTION, A26
petty offense,
A petty drug offense, or, notwithstanding any provision of27
099
-24- this part 7 to the contrary, an offense for the possession of marijuana, the1
court shall order that the records be sealed after the motion is filed and2
the criminal history filed with the court documents to the court that the3
defendant has not been convicted of a criminal AN offense since the date4
of the final disposition of all criminal proceedings against the defendant5
or since the date of the defendant's release from supervision, whichever6
is later.7
(h) A defendant who files a motion to seal criminal justice8
conviction records pursuant to this section shall pay a processing fee of9
sixty-five dollars to cover the actual costs related to the sealing of the10
criminal justice records. which the court may waive upon a determination11
of indigency. The defendant shall pay to the Colorado bureau of12
investigation any costs related to the sealing of his or her THE13
DEFENDANT'S criminal conviction JUSTICE records in the custody of the14
bureau. T
HE COURT SHALL WAIVE THE PROCESSING FEE UPON A15
DETERMINATION THAT:16
(I) T
HE DEFENDANT IS INDIGENT; OR17
(II) T
HE DEFENDANT'S RECORDS SHOULD HAVE BEEN18
AUTOMATICALLY SEALED PURSUANT TO SECTION 13-3-117, 24-72-704, OR19
24-72-705.20
(i) T
HE COURT SHALL DETERMINE ELIGIBILITY OF A DRUG OFFENSE
21
COMMITTED BEFORE OCTOBER 1, 2013, BY THE CLASSIFICATION OF THE22
OFFENSE AT THE TIME OF CONSIDERING THE RECORD SEALING .23
(2) (c) This section does not apply to records that are subject to24
the procedure set forth in section 18-13-122 (13).25
SECTION 14. In Colorado Revised Statutes, 24-72-707, amend26
(3)(b); and add (1.5) as follows:27
099
-25- 24-72-707. Sealing of criminal conviction records information1
for offenses committed by victims of human trafficking. (1.5) A2
PERSON CHARGED WITH OR CONVICTED OF PROSTITUTION , AS DESCRIBED3
IN SECTION 18-7-201, OR ANY CORRESPONDING MUNICIPAL CODE OR4
ORDINANCE, WHICH OFFENSE WAS COMMITTED AS A DIRECT RESULT OF5
BEING A VICTIM OF HUMAN TRAFFICKING , AS DEFINED IN SECTION6
18-7-201.3
(4) , MAY FILE A MOTION WITH THE COURT FOR A SEALING OF7
THE PERSON'S RECORDS.8
(3) The court shall order the records sealed after:9
(b) The defendant establishes by a preponderance of the evidence10
that, at the time he or she
THE DEFENDANT committed the offense, he or11
she THE DEFENDANT had been trafficked by another person, as described12
in section 18-3-503 or 18-3-504, for the purpose of performing the13
offense. O
FFICIAL DOCUMENTATION FROM A FEDERAL , STATE, LOCAL, OR14
TRIBAL GOVERNMENT AGENCY INDICATING THAT THE DEFENDANT WAS A15
VICTIM OF HUMAN TRAFFICKING AT THE TIME OF THE OFFENSE CREATES A16
PRESUMPTION THAT THE DEFENDANT 'S PARTICIPATION IN THE OFFENSE17
WAS THE DIRECT RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING .18
SECTION 15. In Colorado Revised Statutes, repeal19
and reenact, with amendments, 24-72-708 as follows:20
24-72-708. Sealing of criminal conviction records information21
for municipal offenses for convictions. (1) Sealing of conviction22
records. A
DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN
23
WHICH ANY CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR A24
MUNICIPAL VIOLATION ARE LOCATED FOR THE SEALING OF THE25
CONVICTION RECORDS WITHIN THE TIME FRAMES DESCRIBED IN26
SUBSECTION (3)(a) OF THIS SECTION, EXCEPT BASIC IDENTIFICATION27
099
-26- INFORMATION, IF:1
(a) T
HE DEFENDANT HAS NOT BEEN CHARGED WITH OR CONVICTED
2
OF A FELONY, MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE3
THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS4
AGAINST THE DEFENDANT OR THE DATE OF THE DEFENDANT 'S RELEASE5
FROM SUPERVISION, WHICHEVER IS LATER; AND6
(b) T
HE CONVICTION RECORDS SOUGHT TO BE SEALED ARE NOT FOR
7
A MISDEMEANOR TRAFFIC OFFENSE COMMITTED EITHER BY A HOLDER OF8
A COMMERCIAL LEARNER'S PERMIT OR A COMMERCIAL DRIVER'S LICENSE,9
AS DEFINED IN SECTION 42-2-402, OR BY THE OPERATOR OF A COMMERCIAL10
MOTOR VEHICLE, AS DEFINED IN SECTION 42-2-402.11
(2) Sealing of conviction records with a single subsequent12
offense. N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(a) OF
13
THIS SECTION, A DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE14
IN WHICH ANY CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR15
A MUNICIPAL VIOLATION OR PETTY OFFENSE ARE LOCATED FOR THE16
SEALING OF THE CONVICTION RECORDS WITHIN THE TIME FRAMES17
DESCRIBED IN SUBSECTION (3)(b) OF THIS SECTION, EXCEPT BASIC18
IDENTIFICATION INFORMATION, IF:19
(a) T
HE DEFENDANT WAS CONVICTED OF A SINGLE OFFENSE THAT
20
WAS NOT A FELONY AND DID NOT INVOLVE DOMESTIC VIOLENCE AS21
DEFINED IN SECTION 18-6-800.3 (1), UNLAWFUL SEXUAL BEHAVIOR AS22
DEFINED IN SECTION 16-22-102 (9), OR CHILD ABUSE AS DEFINED IN23
SECTION 18-6-401;24
(b) T
HE DEFENDANT HAS NOT BEEN CONVICTED OF A FELONY ,
25
MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE DATE OF26
THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE27
099
-27- DEFENDANT FOR THE SUBSEQUENT CRIMINAL CASE OR SINCE THE DATE OF1
THE DEFENDANT'S RELEASE FROM SUPERVISION FOR THE SUBSEQUENT2
CASE, WHICHEVER IS LATER; AND3
(c) T
HE CONVICTION SOUGHT TO BE SEALED IS NOT A MUNICIPAL
4
ASSAULT OR BATTERY OFFENSE IN WHICH THE UNDERLYING FACTUAL5
BASIS INVOLVES DOMESTIC VIOLENCE, AS DEFINED IN SECTION 18-6-800.36
(1),
OR ANY OTHER MUNICIPAL VIOLATION IN WHICH THE UNDERLYING
7
FACTUAL BASIS INVOLVES DOMESTIC VIOLENCE , AS DEFINED IN SECTION8
18-6-800.3
(1).
9
(3) Timing for filing motions. (a) A
MOTION FILED PURSUANT TO
10
SUBSECTION (1) OF THIS SECTION MAY BE FILED THREE YEARS AFTER THE11
LATER OF THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL12
PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE OF THE13
DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL CONVICTION .14
(b) A
MOTION FILED PURSUANT TO SUBSECTION (2) OF THIS
15
SECTION MAY BE FILED TEN YEARS AFTER THE DATE OF THE FINAL16
DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT17
FOR THE SUBSEQUENT CRIMINAL CASE OR TEN YEARS AFTER THE DATE OF18
THE DEFENDANT'S RELEASE FROM SUPERVISION FOR THE SUBSEQUENT19
CRIMINAL CASE, WHICHEVER IS LATER.20
(4) U
PON FILING THE MOTION, THE DEFENDANT SHALL PAY THE
21
FILING FEE REQUIRED BY LAW.22
(5) (a) U
PON THE FILING OF A MOTION, THE COURT SHALL REVIEW
23
THE MOTION AND DETERMINE WHETHER THERE ARE GROUNDS PURSUANT24
TO THIS SECTION TO PROCEED TO A HEARING ON THE PETITION . IF THE25
COURT DETERMINES THAT THE MOTION ON ITS FACE IS INSUFFICIENT OR IF26
THE COURT DETERMINES THAT , AFTER TAKING JUDICIAL NOTICE OF27
099
-28- MATTERS OUTSIDE THE MOTION , THE DEFENDANT IS NOT ENTITLED TO1
RELIEF PURSUANT TO THIS SECTION, THE COURT SHALL ENTER AN ORDER2
DENYING THE MOTION AND MAIL A COPY OF THE ORDER TO THE3
DEFENDANT. THE COURT'S ORDER SHALL SPECIFY THE REASONS FOR THE4
DENIAL OF THE MOTION.5
(b) I
F THE COURT DETERMINES THAT THE PETITION IS SUFFICIENT
6
ON ITS FACE AND THAT NO OTHER GROUNDS EXIST AT THAT TIME FOR THE7
COURT TO DENY THE PETITION PURSUANT TO THIS SECTION , THE COURT8
SHALL GRANT THE MOTION UNLESS THE PROSECUTION FILES AN OBJECTION .9
I
F THE PROSECUTION FILES A WRITTEN OBJECTION, THE COURT SHALL SET
10
A DATE WITHIN FORTY-TWO DAYS AFTER THE FILING OF THE MOTION FOR11
A HEARING AND THE COURT SHALL NOTIFY THE PROSECUTION , THE12
MUNICIPAL POLICE DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY ,13
AND ANY OTHER PERSON OR AGENCY IDENTIFIED BY THE DEFENDANT .14
(c) A
FTER THE HEARING DESCRIBED IN SUBSECTION (5)(b) OF THIS
15
SECTION IS CONDUCTED AND IF THE COURT FINDS THAT THE HARM TO THE16
PRIVACY OF THE DEFENDANT OR THE DANGERS OF UNWARRANTED ,17
ADVERSE CONSEQUENCES TO THE DEFENDANT OUTWEIGH THE PUBLIC18
INTEREST IN RETAINING PUBLIC ACCESS TO THE CONVICTION RECORDS , THE19
COURT MAY ORDER THE CONVICTION RECORDS , EXCEPT BASIC20
IDENTIFICATION INFORMATION , TO BE SEALED . IN MAKING THIS21
DETERMINATION, THE COURT SHALL CONSIDER THE FACTORS IN SECTION22
24-72-706 (1)(g).23
(d) P
URSUANT TO SECTION 24-72-703 (12)(b), THE COURT SHALL
24
NOT FACTOR IN OR TAKE INTO CONSIDERATION ANY UNPAID FINES , COURT25
COSTS, LATE FEES, OR OTHER FEES ORDERED BY THE COURT IN THE CASE26
THAT IS THE SUBJECT OF THE MOTION TO SEAL WHEN THE COURT IS27
099
-29- DETERMINING WHETHER THE RECORD SHOULD BE SEALED . CONVICTION1
RECORDS MAY NOT BE SEALED IF THE DEFENDANT STILL OWES2
RESTITUTION UNLESS THE COURT THAT ENTERED THE ORDER FOR3
RESTITUTION VACATED THE ORDER .4
SECTION 16. In Colorado Revised Statutes, 24-72-709, amend5
(2)(a) and (4)(b) as follows:6
24-72-709. Sealing of criminal conviction records information7
for multiple conviction records. (2) (a) If the offense or highest offense8
of the multiple offenses is an
ELIGIBLE CIVIL INFRACTION AND NOT AN
9
OFFENSE OR CIVIL INFRACTION LISTED IN SUBSECTION (5)(a) OF THIS10
SECTION, eligible petty offense, or eligible petty drug offense, the petition11
may be filed two years after the later of the date of the final disposition12
of all criminal proceedings against the defendant or the release of the13
defendant from supervision concerning the conviction, or the latest in14
time criminal conviction of the multiple convictions.15
(4) (b) Conviction records may not be sealed if the defendant still16
owes restitution, fines, court costs, late fees, or other fees ordered by the17
court in the case that is the subject of the petition to seal conviction18
records, unless the court that entered the order for restitution fines, court19
costs, late fees, or other fees has vacated the order.20
SECTION 17. Appropriation. (1) For the 2022-23 state fiscal21
year, $725,145 is appropriated to the judicial department. This22
appropriation is from the general fund. To implement this act, the23
department may use this appropriation as follows:24
(a) $58,632 for general courts administration, which amount is25
based on an assumption that the department will require an additional 0.826
FTE;27
099
-30- (b) $6,520 for capital outlay; and1
(c) $659,993 for information technology infrastructure.2
SECTION 18. Act subject to petition - effective date. This act3
takes effect at 12:01 a.m. on the day following the expiration of the4
ninety-day period after final adjournment of the general assembly; except5
that, if a referendum petition is filed pursuant to section 1 (3) of article V6
of the state constitution against this act or an item, section, or part of this7
act within such period, then the act, item, section, or part will not take8
effect unless approved by the people at the general election to be held in9
November 2022 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor.11
099
-31-