Colorado Expungement Law


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) The court shall advise any person of the right to petition the court for the expungement of such person’s record at the time of adjudication, or the court, on its own motion or the motion of the juvenile probation department or the juvenile parole department, 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) 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, 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.

    (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.

    (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 a felony or of a misdemeanor and has not been adjudicated a juvenile delinquent 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.

    (6) A person is eligible to petition for an expungement order:

    (a) Immediately upon a finding of not guilty at an adjudicatory trial;

    (b) One year from:

    (I) The date of a law enforcement contact that did not result in a referral to another agency;

    (II) The completion of a juvenile diversion program or informal adjustment;

    (c) Four years from the date of:

    (I) The termination of the court’s jurisdiction over the petitioner;

    (II) The petitioner’s unconditional release from commitment to the department of human services; or

    (III) The petitioner’s unconditional release from parole supervision;

    (IV) (Deleted by amendment, L. 96, p. 1163, § 6, effective January 1, 1997.)

    (d) Ten years from the date of the termination of the court’s jurisdiction over the juvenile or the juvenile’s unconditional release from 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 or a violent juvenile offender;

    (b) Any person who has been adjudicated for an offense that would constitute a crime of violence under section 18-1.3-406, C.R.S., had the person been an adult at the time the offense was committed;

    (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.

    (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.

  To seal adult records under C.R.S 24-72-308:

 24-72-308. 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 said person in interest is located for the sealing of all of said records, except basic identification information, if the records are a record of official actions involving a criminal offense for which said person in interest was not charged, in any case which was completely dismissed, or in any case in which said 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 other fees has vacated such order.

    (III) A person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to said person in interest is located for the sealing of all of said records, except basic identification information, if the records are a record of official actions involving a criminal offense that was not charged or 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 which 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 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 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. The court’s order shall specify the reasons for the denial of the petition.

    (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.

    (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 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. Any order entered pursuant to this paragraph (c) shall be directed to every custodian who may have custody of any part of the arrest and criminal records information which is the subject of the order. Whenever a court enters an order sealing criminal records pursuant to this paragraph (c), the petitioner shall provide the Colorado bureau of investigation and every custodian of such records with a copy of such order. Thereafter, the petitioner may request and the court may grant an order sealing the 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 such 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 such records or by the prosecuting attorney and only for those purposes named in such 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 such 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) shall not preclude the bar committee of the Colorado state board of law examiners from making further inquiries into the fact of a conviction which comes to the attention of the bar committee through other means. The bar committee of the Colorado state board of law examiners shall have a right to inquire into the moral and ethical qualifications of an applicant, and the applicant shall have no right to privacy or privilege which justifies his refusal to answer to any question concerning arrest and criminal 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 shall have the right to inquire into the facts of the criminal offense for which the petition to seal is pending. The educator or applicant shall have no right to privacy or privilege that justifies his or her refusal to answer any questions 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.

    (1.5) For the purpose of protecting the author of any correspondence which 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 said correspondence. However, the court may, in its discretion, enter an order which allows the disclosure of sealed information to defense counsel or, if the defendant is not represented by counsel, to the defendant.

    (2) 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 (2), 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.

    (3) Exceptions. (a) This section shall not apply to records pertaining to:

    (I) A class 1 or class 2 misdemeanor traffic offense;

    (II) A class A or class B traffic infraction;

    (III) A conviction for a violation of section 42-4-1301(1) or (2), C.R.S.

    (b) Court orders sealing records of official actions entered pursuant to this section shall 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 conviction of 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 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.

    (e) This section shall not apply to records pertaining to a conviction of 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.

  24-72-308.5. Sealing of criminal conviction records information for offenses involving controlled substances.

    (1) Definitions. For purposes of this section, “conviction records” means arrest and criminal records information and any records pertaining to a judgment of conviction.

    (2) Sealing of conviction records. (a) (I) Subject to the limitations described in subsection (4) 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 the conviction 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.

    (II) An order sealing conviction records shall not deny access to the criminal records of a defendant by any court, law enforcement agency, criminal justice agency, prosecuting attorney, or party or agency required by law to conduct a criminal history record check on an individual. An order sealing conviction records shall not be construed to vacate a conviction. A conviction sealed pursuant to this section may be used by a criminal justice agency, law enforcement agency, court, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case, including but not limited to any subsequent case that is filed against the defendant, or for any other lawful purpose within the scope of his, her, or its duties. If a defendant is convicted of a new criminal offense after an order sealing conviction records is entered, the court, on its own motion or upon the motion of any prosecuting attorney, shall order the conviction records to be unsealed. A party or agency required by law to conduct a criminal history record check shall be authorized to use any sealed conviction for the lawful purpose for which the criminal history record check is required by law.

    (III) 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.

    (b) (I) A petition to seal conviction records pursuant to this section 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. A verified copy of the defendant’s criminal history, current through at least the twentieth day prior to the date of the filing of the petition, shall be submitted to the court by the defendant along with the petition at the time of filing, but in no event later than the tenth day after the petition is filed. The defendant shall be responsible for obtaining and paying for his or her criminal history record.

    (II) (A) 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.

    (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 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 (2) 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 the conviction records sought to be sealed, the criminal history of the defendant, 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 and 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.

    (d) Except as otherwise provided in subparagraph (II) of paragraph (a) of this subsection (2), upon the entry of an order to seal the conviction records, the defendant and all criminal justice agencies may properly reply, upon an inquiry in the matter, that conviction records do not exist with respect to the defendant.

    (e) Except as otherwise provided in subparagraph (II) of paragraph (a) of this subsection (2), inspection of the records included in an order sealing conviction records may thereafter be permitted by the court only upon petition by the defendant.

    (f) (I) Except as otherwise provided in subparagraph (II) of paragraph (a) of this subsection (2) or in subparagraphs (II) and (III) of this paragraph (f), employers, state and local government agencies, officials, landlords, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in sealed conviction records. An applicant need not, in answer to any question concerning conviction records that have been sealed, include a reference to or information concerning the sealed conviction records and may state that the applicant has not been criminally convicted.

    (II) Subparagraph (I) of this paragraph (f) shall 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 shall have a right to inquire into the moral and ethical qualifications of an applicant, and the applicant shall not have a right to privacy or privilege that justifies his or her refusal to answer a question concerning sealed conviction records that have come to the attention of the bar committee through other means.

    (III) The provisions of subparagraph (I) of this paragraph (f) shall not apply to a criminal justice agency or to an applicant to a criminal justice agency.

    (IV) Any member of the public may petition the court to unseal any file that has been previously sealed upon a showing that circumstances have come into existence since the original sealing and, as a result, the public interest in disclosure now outweighs the defendant’s interest in privacy. 

   (g) The office of the state court administrator shall post on its web site a list of all petitions to seal conviction records that are filed with a district court. A district court may not grant a petition to seal conviction records until at least thirty days after the posting. After the expiration of thirty days following the posting, the petition to seal conviction records and information pertinent thereto shall be removed from the web site of the office of the state court administrator.

    (h) Nothing in this section shall be construed to authorize the physical destruction of any conviction records.

    (i) Notwithstanding any provision in this section to the contrary, in regard to any conviction of a defendant resulting from a single case in which the defendant is convicted of more than one offense, records of the conviction may be sealed pursuant to the provisions of this section only if the records of every conviction of the defendant resulting from that case may be sealed pursuant to the provisions of this section.

    (3) Advisements. (a) Whenever a defendant is sentenced following a conviction of an offense described in paragraph (a) of subsection (4) of this section, the court shall provide him or her with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section 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 is sentenced to probation following a conviction of an offense described in paragraph (a) of subsection (4) of this section, the probation department, upon the termination of the defendant’s probation, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section.

    (II) If a defendant is released on parole following a conviction of an offense described in paragraph (a) of subsection (4) of this section, 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 conviction records pursuant to this section if he or she complies with the applicable provisions of this section.

    (4)(a) Applicability. Except as otherwise provided in paragraph (b) of this subsection (4), the provisions of this section shall apply only to conviction records pertaining to judgments of conviction entered on and after July 1, 2008, 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 (4) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (1.5), 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.

    (5) Rules of discovery — rules of evidence — witness testimony. Court orders sealing records of official actions pursuant to this section shall not limit the operations of:

    (a) The rules of discovery or the rules of evidence promulgated by the supreme court of Colorado or any other state or federal court; or

    (b) The provisions of section 13-90-101, C.R.S., concerning witness testimony.

  Also, upon application by a person, the motor vehicle department shall expunge all records concerning a conviction of a person for UDD with a BAC of at least 0.02 but not more than 0.05 and any records concerning an administrative determination resulting in a revocation under section 42-2-126(3)(b) or (3)(e) if:

    (I) Such person presents a request for expungement to the department and provides all information required by the department to process such request;

    (II) Such person is over twenty-one years of age and any department action regarding the offense or administrative determination has been concluded;

    (III) The person has not been convicted for any other DUI, DUI per se, DWAI, habitual user, or UDD offense that was committed while such person was under twenty-one years of age and is not subject to any other administrative determination resulting in a revocation under section 42-2-126 for any other occurrence while such person was under twenty-one years of age;

    (IV) Such person pays the fine and surcharge for such conviction and completes any other requirements of the court with regard to such conviction, including, but not limited to, any order to pay restitution to any party;

    (V) Such person has never held a commercial driver’s license as defined in section 42-2-402; and

    (VI) Such person was not operating a commercial motor vehicle as defined in section 42-2-402.

    (b) Upon receiving a request for expungement, the department may delay consideration of the request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense under section 42-4-1301 committed while the person was under twenty-one years of age and that there is no additional administrative determination resulting in a revocation under section 42-2-126(3)(b) or (3)(e) for actions taken while the person was under twenty-one years of age.

  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 described in title 18, C.R.S.;

    (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.

    Editor’s note: This section is effective September 30, 2010.