Expungement of Criminal Records – General – Colorado
1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just “disappear”?
No. The records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this is occurs only in exceptional circumstances and normally requires a court order or statutory authorization.
3. What records may be expunged?
Normally, records in any court, correctional facility, law enforcement or criminal justice agency will be affected. Specifically, records regarding a person’s detection, apprehension, arrest, detention, trial or the disposition of an offense within the criminal justice system are selected for expungement. Other records, which may exist in a court, such as property deeds, or civil lawsuits or judgments, will not be affected or expunged.
The effect of an expungement is that one’s criminal record of arrest and/or conviction is erased and legally deemed not to have occurred. In juvenile delinquent cases any record that is ordered expunged shall, notwithstanding any such order for expungement, be available to a district attorney, local law enforcement agency, and the department of human services; except that such information shall not be available to an agency of the military forces of the United States. § 19-1-306.
Driving records of minors convicted of driving while intoxicated may be expunged where conditions met. §42-2-121.
4. Who is eligible for an expungement?
Juvenile sealing of records:
19-1-306–Expungement of juvenile delinquent records.
(1) For the purposes of this section, “expungement” is defined in section 19-1-103 (48). Upon the entry of an expungement order, the person, agency, and court may properly indicate that no record exists.
(2) (a) At the time of the adjudication, the court shall advise the adjudicated juvenile and any respondent parent or guardian of the right to petition the court for the expungement of the juvenile’s record. The court, on its own motion or the motion of the juvenile probation department, the juvenile parole department, the juvenile, a respondent parent or guardian, or a court-appointed guardian ad litem, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.
(b) Expungement shall be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that said record has been designated as expunged.
(3) After expungement, basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear from the records, shall not be open to the public but shall be available to a district attorney, local law enforcement agency, the department of human services, the state judicial department, and the victim as defined in section 24-4.1-302 (5), C.R.S.; except that such information shall not be available to an agency of the military forces of the United States.
(4) Records designated as expunged may only be inspected by order of the court, after a hearing and good cause shown. Notice of said hearing shall be given to all interested parties at least five days in advance of such hearing.
(5) (a) Expungement proceedings shall be initiated by the filing of a petition in the appropriate juvenile court requesting an order of expungement. No filing fee shall be required. Any record that is ordered expunged shall, notwithstanding any such order for expungement, be available to any judge and the probation department for use in any future juvenile or adult sentencing hearing regarding the person whose record was expunged.
(a.5) Notwithstanding any order for expungement pursuant to this section, any criminal justice record of a juvenile who has been charged, adjudicated, or convicted as a repeat or mandatory juvenile offender shall be available for use by a court, a district attorney, any law enforcement agency, or any agency of the state judicial department in any subsequent criminal investigation, prosecution, or adjudication under this title or during probation or parole supervision, if otherwise permitted by law.
(b) Upon the filing of a petition, the court shall set a date for a hearing on the petition for expungement and shall notify the appropriate prosecuting agency and anyone else whom the court has reason to believe may have relevant information related to the expungement of the record.
(c) The court may order expunged all records in the petitioner’s case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that:
(I) The petitioner who is the subject of the hearing has not been convicted of, or adjudicated a juvenile delinquent for, any felony offense or a misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon since the termination of the court’s jurisdiction or the petitioner’s unconditional release from parole supervision;
(II) No proceeding concerning a felony, misdemeanor, or delinquency action is pending or being instituted against the petitioner;
(III) The rehabilitation of the petitioner has been attained to the satisfaction of the court; and
(IV) The expungement is in the best interests of the petitioner and the community.
(d) The court shall order expunged all records in the custody of the court and any records in the custody of any other agency or official that pertain to the petitioner’s conviction for prostitution, as described in section 18-7-201, C.R.S.; soliciting for prostitution, as described in section 18-7-202, C.R.S.; keeping a place of prostitution, as described in section 18-7-204, C.R.S.; public indecency, as described in section 18-7-301, C.R.S.; soliciting for child prostitution, as described in section 18-7-402, C.R.S.; or any corresponding municipal code or ordinance if, at the hearing, the court finds that the petitioner who is the subject of the hearing has established by a preponderance of the evidence that, at the time he or she committed the offense, he or she:
(I) Had been trafficked by another person, as described in section 18-3-503 or 18-3-504, C.R.S., for the purpose of performing the offense; or
(II) Was coerced by another person, as described in section 18-3-503, C.R.S., to perform the offense.
(6) A person is eligible to petition for an expungement order:
(a) Immediately upon:
(I) A finding of not guilty at an adjudicatory trial;
(II) Dismissal of the petition in its entirety as a result of nonprosecution of the offense; or
(III) Successful completion of a juvenile diversion program, a deferred adjudication, or an informal adjustment;
(a.5) At any time for the purposes described in paragraph (d) of subsection (5) of this section;
(b) One year from the date of:
(I) A law enforcement contact that did not result in a referral to another agency; or
(II) The termination of the court’s jurisdiction over the petitioner after successful completion of probation;
(c) Three years from the date of:
(I) (Deleted by amendment, L. 2013.)
(II) The petitioner’s unconditional release from commitment to the department of human services; or
(III) The petitioner’s unconditional release from parole supervision; or
(IV) (Deleted by amendment, L. 96, p. 1163, 6, effective January 1, 1997.)
(d) Five years from the date of the termination of the court’s jurisdiction over the petitioner or the petitioner’s unconditional release from probation or parole supervision, whichever date is later, if the juvenile has been adjudicated a repeat or mandatory juvenile offender and if the juvenile has not further violated any criminal statute.
(7) The following persons are not eligible to petition for the expungement of any juvenile record:
(a) Any person who has been adjudicated as an aggravated juvenile offender pursuant to section 19-2-516 (4) or a violent juvenile offender pursuant to section 19-2-516 (3);
(b) (Deleted by amendment, L. 2013.)
(c) Any person who, as a juvenile, has been charged by the direct filing of an information in the district court or by indictment pursuant to section 19-2-517, unless the person was sentenced as a juvenile in the same matter;
(d) Any person who has been adjudicated for an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.;
(e) Any person who has failed to pay court-ordered restitution to a victim of the offense that is the basis for the juvenile record.
(8) A person may file a petition with the court for expungement of his or her record only once during any twelve-month period.
(9) Repealed.
(10) Nothing in this section shall be construed to authorize the physical destruction of any criminal justice record.
To seal adult records under C.R.S 24-72-702:
24-72-702–Sealing of arrest and criminal records other than convictions.
(1) (a) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to the person in interest is located for thesealing of all of the records, except basic identification information, if the records are a record of official actions involving a criminal offense for which the person in interest completed a diversion agreement pursuant to section 18-1.3-101, C.R.S., or was not charged and the statute of limitations for the offense for which the person was arrested that has the longest statute of limitations has run, or was not charged and the statute of limitations has not run but the person is no longer being investigated by law enforcement for commission of the offense, or in any case which was completely dismissed, or in any case in which the person in interest was acquitted.
(II) Except as provided in subparagraph (III) of this paragraph (a), arrest or criminal records information may not be sealed if:
(A) An offense is not charged due to a plea agreement in a separate case;
(B) A dismissal occurs as part of a plea agreement in a separate case; or
(C) The defendant still owes restitution, fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the petition to seal criminal records, unless the court that entered the order for restitution, fines, court costs, late fees, or otherfees has vacated the order.
(III) A person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to the person in interest is located for the sealing of all of said records, except basic identification information, if the records arerecords of official actions involving a case that was dismissed due to a plea agreement in a separate case, and if:
(A) The petition is filed ten years or more after the date of the final disposition of all criminal proceedings against the person in interest; and
(B) The person in interest has not been charged for a criminal offense in the ten years since the date of the final disposition of all criminal proceedings against the person in interest.
(b) (I) Any petition to seal criminal records shall include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed.
(II) (A) Upon the filing of a petition, the court shall review the petition and determine whether the petition is sufficient on its face. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the petitioner is not entitled to relief under this section, the court shall enter an order denying the petition and mail a copy of the order to the petitioner, or as permitted serve the order under supreme court rules. The court’s order shall specify the reasons for the denial of the petition. If the petition pertains to a dismissal that is not the result of a completion of a deferred judgment and sentence or a multi-case disposition, the court shall order a record sealed if the petition is sufficient on its face.
(B) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition under this section, the court shall set a date for a hearing, and the petitioner shall notify the prosecuting attorney by certified mail, the arresting agency, and any other person or agency identified by the petitioner. Except as provided for in section 18-1.3-101 (10) (c), C.R.S., after the hearing described in this sub-subparagraph (B) is conducted and if the court finds that the harm to the privacy of the petitioner or dangers of unwarranted adverse consequences to the petitioner outweigh the public interest in retaining the records, the court may order such records, except basic identification information, to be sealed.
(c) Any order entered pursuant to paragraph (b) of this subsection (1) must be directed to every custodian who may have custody of any part of the arrest and criminal records information that is the subject of the order. Whenever a court enters an order sealingcriminal records pursuant to paragraph (b) of this subsection (1), the petitioner shall provide the Colorado bureau of investigation and every custodian of such records with a copy of the order. The petitioner shall provide a private custodian with a copy of the order and send the private custodian an electronic notification of the order. Each private custodian that receives a copy of the order from the petitioner shall remove the records that are subject to an order from its database. Thereafter, the court may issue an order sealingthe civil case in which the records were sealed.
(d) Upon the entry of an order to seal the records, the petitioner and all criminal justice agencies may properly reply, upon any inquiry in the matter, that no such records exist with respect to the person.
(e) Inspection of the records included in an order sealing criminal records may thereafter be permitted by the court only upon petition by the person who is the subject of the records or by the prosecuting attorney and only for those purposes named in the petition.
(f) (I) Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in sealed records. An applicant need not, in answer to any question concerning arrest and criminal records information that has been sealed, include a reference to or information concerning the sealed information and may state that no such action has ever occurred. Such an application may not be denied solely because of the applicant’s refusal to disclose arrest and criminal records information that has been sealed.
(II) Subparagraph (I) of this paragraph (f) does not preclude the bar committee of the Colorado state board of law examiners from making further inquiries into the fact of a conviction that comes to the attention of the bar committee through other means. The bar committee of the Colorado state board of law examiners has a right to inquire into the moral and ethical qualifications of an applicant, and the applicant has no right to privacy or privilege that justifies his or her refusal to answer to any question concerning arrest andcriminal records information that has come to the attention of the bar committee through other means.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (f), the department of education may require a licensed educator or an applicant for an educator’s license who files a petition to seal a criminal record to notify the department of education of the pending petition to seal. The department of education has the right to inquire into the facts of the criminal offense for which the petition to seal is pending. The educator or applicant has no right to privacy or privilege that justifies his or her refusal to answer any questions of the department of education concerning the arrest and criminal records information contained in the pending petition to seal.
(g) Nothing in this section shall be construed to authorize the physical destruction of any criminal justice records.
(2) For the purpose of protecting the author of any correspondence that becomes a part of criminal justice records, the court having jurisdiction in the judicial district in which the criminal justice records are located may, in its discretion, with or without a hearing thereon, enter an order to seal any information, including but not limited to basic identification information contained in the correspondence. However, the court may, in its discretion, enter an order that allows the disclosure of sealed information to defense counsel or, if the defendant is not represented by counsel, to the defendant.
(3) Advisements. (a) Whenever a defendant has appeared before the court and has charges against him or her dismissed or not filed, or whenever the defendant is acquitted, the court shall provide him or her with a written advisement of his or her rights pursuant to this section concerning the sealing of his or her criminal justice records if he or she complies with the applicable provisions of this section.
(b) In addition to, and not in lieu of, the requirement described in paragraph (a) of this subsection (3):
(I) If a defendant’s case is dismissed after a period of supervision by probation, the probation department, upon the termination of the defendant’s probation, shall provide the defendant with a written advisement of his or her rights pursuant to this section concerning the sealing of his or her criminal justice records if he or she complies with the applicable provisions of this section; or
(II) If a defendant is released on parole, the defendant’s parole officer, upon the termination of the defendant’s parole, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her criminal justice records pursuant to this section if he or she complies with the applicable provisions of this section.
(4) Exceptions. (a) This section does not apply to records pertaining to cases when the only charges were as follows:
(I) A class 1 or class 2 misdemeanor traffic offense;
(II) A class A or class B traffic infraction.
(b) Court orders sealing records of official actions entered pursuant to this section do not limit the operation of rules of discovery promulgated by the supreme court of Colorado.
(c) This section shall not apply to records pertaining to a deferred judgment and sentence for an offense for which the factual basis involved unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.
(d) This section shall not apply to records pertaining to a deferred judgment and sentence of section 42-4-1301(1) or (2), C.R.S.
(e) This section shall not apply to arrest and criminal justice information or criminal justice records in the possession and custody of a criminal justice agency when inquiry concerning the arrest and criminal justice information or criminal justice records is made by another criminal justice agency.
(f) This section shall not apply to records pertaining to a deferred judgment and sentence for an offense concerning the holder of a commercial driver’s license as defined in section 42-2-402, C.R.S., or the operator of a commercial motor vehicle as defined in section 42-2-402, C.R.S.
(g) If a person who seeks to have his or her arrest records sealed for charges that are not covered by paragraph (a) of this subsection (4), the fact that the person was charged for a crime covered in paragraph (a) of this subsection (4) as a part of the same arrestdoes not prohibit a court from sealing the arrest records related to the charges that are not covered in paragraph (a) of this subsection (4).
(5) A person may file a petition with the court for sealing of each case once every twelve-month period.
24-72-704–Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2008, and prior to July 1, 2011.
(1) Sealing of conviction records. (a) (I) Subject to the limitations described in subsection (2) of this section, a defendant may petition the district court of the district in which any conviction records pertaining to the defendant are located for the sealing of theconviction records, except basic identifying information, if:
(A) The petition is filed ten or more years after the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction, whichever is later; and
(B) The defendant has not been charged or convicted for a criminal offense in the ten or more years since the date of the final disposition of all criminal proceedings against him or her or the date of the defendant’s release from supervision, whichever is later.
(b) (I) Upon the filing of a petition, the court shall review the petition and determine whether there are grounds under this section to proceed to a hearing on the petition. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the defendant is not entitled to relief under this section, the court shall enter an order denying the petition and mail a copy of the order to the defendant. The court’s order shall specify the reasons for the denial of the petition.
(II) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition under this section, the court shall set a date for a hearing, and the defendant shall notify by certified mail the prosecuting attorney, the arresting agency, and any other person or agency identified by the defendant.
(c) After the hearing described in subparagraph (II) of paragraph (b) of this subsection (1) is conducted and if the court finds that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining the conviction records, the court may order the conviction records, except basic identification information, to be sealed. In making this determination, the court shall, at a minimum, consider the severity of the offense that is the basis of theconviction records sought to be sealed, the criminal history of the defendant, the number of convictions and dates of the convictions for which the defendant is seeking to have the records sealed, and the need for the government agency to retain the records. An order entered pursuant to this paragraph (c) shall be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this paragraph (c), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order. The petitioner shall provide a private custodian with a copy of the order and send the private custodian an electronic notification of the order. Each private custodian that receives a copy of the order from the petitioner shall remove the records that are subject to an order from its database. The defendant shall pay to the bureau any costs related to the sealing of his or her criminal conviction records in the custody of the bureau. Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.
(2) Applicability. (a) Except as otherwise provided in paragraph (b) of this subsection (2), the provisions of this section apply only to conviction records pertaining to judgments of conviction entered on and after July 1, 2008, and prior to July 1, 2011, for:
(I) Any petty offense in violation of a provision of article 18 of title 18, C.R.S.;
(II) Any misdemeanor in violation of a provision of article 18 of title 18, C.R.S.;
(III) Any class 5 or class 6 felony in violation of a provision of article 18 of title 18, C.R.S.; except that the provisions of this section shall not apply to conviction records pertaining to a judgment of conviction for a class 5 or class 6 felony for the sale, manufacturing, or dispensing of a controlled substance, as defined in section 18-18-102 (5), C.R.S.; attempt or conspiracy to commit the sale, manufacturing, or dispensing of a controlled substance; or possession with the intent to manufacture, dispense, or sell a controlled substance;
(IV) Any offense that would be classified as a class 5 or 6 felony in violation of a provision of article 18 of title 18, C.R.S., if the offense were to have occurred on July 1, 2008.
(b) For any judgment of conviction entered prior to July 1, 2008, for which the defendant would otherwise qualify for relief under this section, the defendant may obtain an order from the court to seal conviction records if:
(I) The prosecuting attorney does not object to the sealing; and
(II) The defendant pays to the office of the prosecuting attorney all reasonable attorney fees and costs of the prosecuting attorney relating to the petition to seal prior to the entry of an order sealing the conviction records; and
(III) The defendant pays:
(A) The filing fee required by law; and
(B) An additional filing fee of two hundred dollars to cover the actual costs related to the filing of the petition to seal records.
(c) The additional filing fees collected under sub-subparagraph (B) of subparagraph (III) of paragraph (b) of this subsection (2) must be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
(d) The provisions of this section shall not apply to conviction records that are in the possession of a criminal justice agency when an inquiry concerning the conviction records is made by another criminal justice agency.
24-72-705–Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011.
(1) Sealing of conviction records. (a) Subject to the limitations described in subsection (2) of this section, a defendant may petition the district court of the district in which any conviction records pertaining to the defendant are located for the sealing of theconviction records, except basic identifying information, if the petition is filed within the time frame described in paragraph (b) of this subsection (1).
(b) (I) If the offense is a petty offense or a class 2 or 3 misdemeanor in article 18 of title 18, C.R.S., the petition may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(II) If the offense is a class 1 misdemeanor in article 18 of title 18, C.R.S., the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(III) If the offense is a class 5 felony or class 6 felony drug possession offense described in section 18-18-403.5, C.R.S., as it existed prior to October 1, 2013, section 18-18-404, C.R.S., or section 18-18-405, C.R.S., as it existed prior to August 11, 2010, the petition may be filed seven years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(IV) For all other offenses in article 18 of title 18, C.R.S., the petition may be filed ten years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminalconviction.
(c) (I) If the offense is a petty drug offense in article 18 of title 18, C.R.S., the petition may be filed one year after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(II) If the offense is a level 2 drug misdemeanor in article 18 of title 18, C.R.S., the petition may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(III) If the offense is a level 1 drug misdemeanor in article 18 of title 18, C.R.S., the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(IV) If the offense is a level 4 drug felony, the petition may be filed seven years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(V) For all other felony drug offenses in article 18 of title 18, C.R.S., the petition may be filed ten years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(d) (I) If a petition is filed for the sealing of a petty offense in article 18 of title 18, C.R.S., the court shall order the record sealed after the petition is filed, the filing fee is paid, and the criminal history filed with the petition as required by section 24-72-703 (9) documents to the court that the defendant has not been charged or convicted for a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant’s release from supervision, whichever is later.
(II) If a petition is filed for the sealing of a class 1, class 2, or class 3 misdemeanor in article 18 of title 18, C.R.S., the defendant shall pay the filing fee and provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-704 (1) (c). If the district attorney does not object, the court shall order that the record be sealed after the defendant documents to the court that he or she has not been charged or convicted for acriminal offense since the date of the final disposition of all criminal proceedings against him or her or the date of the defendant’s release from supervision, whichever is later. If the district attorney objects to the petition, the court shall set the matter for hearing. To order the record sealed, the criminal history filed with the petition as required by section 24-72-703 (9) must document to the court that the defendant has not been charged with or convicted of a criminal offense since the date of the final disposition of all criminalproceedings against him or her or since the date of the defendant’s release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-704 (1) (c).
(III) If a petition is filed for the sealing of a class 5 or class 6 felony possession offense described in section 18-18-403.5, C.R.S., as it existed prior to October 1, 2013, section 18-18-404, C.R.S., or section 18-18-405, C.R.S., as it existed prior to August 11, 2010, the defendant shall pay the filing fee and provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-704 (1) (c). If the district attorney does not object, the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition, the court shall set the matter for hearing. To order the record sealed, the criminal history filed with the petition as required by section 24-72-703 (9) must document to the court that the defendant has not been charged or convicted for a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant’s release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-704 (1) (c).
(IV) If a petition is filed for any offense in article 18 of title 18, C.R.S., that is not covered by subparagraphs (I) to (III) of this paragraph (d), the defendant shall pay the filing fee and provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-704 (1) (c). If the district attorney objects to the petition, the court shall dismiss the petition. If the district attorney does not object, the court shall set the petition for a hearing. To order the record sealed, the criminal history filed with the petition as required by section 24-72-703 (9) must document to the court that the defendant has not been charged or convicted for a criminal offense since the date of the final disposition of all criminalproceedings against him or her or the date of the defendant’s release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-704 (1) (c).
(e) (I) If a petition is filed for the sealing of a petty drug offense in article 18 of title 18, C.R.S., the court shall order the record sealed after the petition is filed, the filing fee is paid, and the criminal history filed with the petition as required by section 24-72-703 (9) documents to the court that the defendant has not been charged or convicted for a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant’s release from supervision, whichever is later.
(II) If a petition is filed for the sealing of a level 1 or level 2 drug misdemeanor in article 18 of title 18, C.R.S., the defendant shall pay the filing fee and provide notice of the petition to the district attorney. The district attorney may object to the petition after considering the factors in section 24-72-704 (1) (c). If the district attorney does not object, the court shall order that the record be sealed after the defendant documents to the court that he or she has not been charged or convicted for a criminal offense since the date of the final disposition of all criminal proceedings against him or her or the date of the defendant’s release from supervision, whichever is later. If the district attorney objects to the petition, the court shall set the matter for hearing. To order the record sealed, the criminal history filed with the petition as required by section 24-72-703 (9) must document to the court that the defendant has not been charged with or convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant’s release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-704 (1) (c).
(III) If a petition is filed for the sealing of a level 4 drug felony possession offense described in section 18-18-403.5, C.R.S., the defendant shall pay the filing fee and provide notice of the petition to the district attorney. The district attorney may object to the petition after considering the factors in section 24-72-704 (1) (c). If the district attorney does not object, the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition, the court shall set the matter for hearing. To order the record sealed, the criminal history filed with the petition as required by section 24-72-703 (9) must document to the court that the defendant has not been charged or convicted for a criminal offense since the date of the final disposition of all criminalproceedings against him or her or since the date of the defendant’s release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-704 (1) (c).
(IV) If a petition is filed for any other felony drug offense in article 18 of title 18, C.R.S., that is not covered by subparagraphs (I) to (III) of this paragraph (e), the defendant shall pay the filing fee and provide notice of the petition to the district attorney. The district attorney may object to the petition after considering the factors in section 24-72-704 (1) (c). If the district attorney objects to the petition, the court shall dismiss the petition. If the district attorney does not object, the court shall set the petition for a hearing. To order the record sealed, the criminal history filed with the petition as required by section 24-72-703 (9) must document to the court that the defendant has not been charged or convicted for a criminal offense since the date of the final disposition of all criminal proceedings against him or her or the date of the defendant’s release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-704 (1) (c).
(f) An order entered pursuant to this section must be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this section, the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order and shall pay to the bureau any costs related to the sealing of his or her criminal conviction records that are in the custody of the bureau. Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed.
(g) Conviction records may not be sealed if the defendant still owes restitution, fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the petition to seal conviction records, unless the court that entered the order for restitution, fines, court costs, late fees, or other fees has vacated the order.
(2) Applicability. (a) The provisions of this section shall apply only to conviction records pertaining to judgments of conviction entered on or after July 1, 2011.
(b) The provisions of this section shall not apply to conviction records that are in the possession of a criminal justice agency when an inquiry concerning the conviction records is made by another criminal justice agency.
DNA records may also be expunged as follows:
16-23-105. Expungement.
(1) Except as provided in subsection (7) of this section, a person whose biological substance sample is collected pursuant to section 16-23-103 qualifies for expungement if:
(a) In the case of a sample collected based upon the filing of a charge or based upon a final court order, each felony charge stemming from the charges has, by final court order, been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense;
(b) In the case of a sample collected based upon an arrest:
(I) A felony charge was not filed within ninety days after the arrest; or
(II) Each felony charge stemming from the arrest has, by final court order, been dismissed, resulted in an acquittal, or resulted in a conviction for an offense other than a felony offense.
(2) A person who qualifies for expungement under subsection (1) of this section may submit a written request for expungement to the Colorado bureau of investigation. The request shall include the items listed in this subsection (2) and may include any additional information that may assist the bureau in locating the records of arrest or charges or the biological substance sample or testing results. The following information shall be included in the submitted request:
(a) The person’s name, date of birth, and mailing address;
(b) The name of the agency that collected the biological substance sample;
(c) The date of arrest or other date when the sample was taken;
(d) Whether any charges were filed stemming from the arrest for which a biological substance sample was collected, the identity of the court, and the case number of each case in which charges were filed; and
(e) A declaration that, to the best of the person’s knowledge, he or she qualifies for expungement.
(3) Upon receipt of a request satisfying the requirements of subsection (2) of this section, the Colorado bureau of investigation shall promptly submit a written inquiry to the district attorney in the jurisdiction in which the person’s biological substance sample was collected concerning the outcome of the arrest or charges.
(4) Within ninety days after receiving the request submitted pursuant to subsection (2) of this section, the Colorado bureau of investigation shall destroy the biological substance sample collected pursuant to section 16-23-103 and expunge the results of the testing of the sample from the federal combined DNA index system and any state index system, unless the bureau receives written notification from the applicable district attorney that the person does not qualify for expungement and the reasons that the person does not qualify.
(5) Within thirty days after receiving a notice from a district attorney pursuant to subsection (4) of this section, or at the end of the ninety-day period identified in subsection (4) of this section, whichever is earlier, the Colorado bureau of investigation shall send notification by first class mail to the person arrested or charged, either stating that the bureau has destroyed the biological substance sample and expunged the results of the testing of the sample or stating why the bureau has not destroyed the sample and expunged the test results.
(6) A data bank or database match shall not be admitted as evidence against a person in a criminal prosecution and shall not be used as a basis to identify a person if the match is:
(a) Derived from a biological substance sample that is required to be destroyed or expunged pursuant to this section; and
(b) Obtained after the required date of destruction or expungement.
(7) This section shall not apply if the person has been arrested for, charged with, or convicted of some other offense on the basis of which a biological substance sample was or could have been collected under state statute.
(8) For purposes of this section, a court order shall not be deemed final if time remains for an appeal or application for discretionary review with respect to the order.
