2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PUBLIC (OPEN) RECORDS (§§ 24-72-100.1 — 24-72.4-106) › Article 72 - PUBLIC RECORDS (§§ 24-72-100.1 — 24-72-711) › Part 7 - CRIMINAL JUSTICE RECORD SEALING (§§ 24-72-701 — 24-72-711) › Section 24-72-705 - [Effective Until 7/1/2025] Sealing criminal justice records other than convictions - simplified process - applicability

(1)
(a)
On its own motion, the court shall order the defendant's criminal justice records sealed when:
(I)
A case against a defendant is completely dismissed;
(II)
The defendant is acquitted of all counts in the case;
(III)
The defendant completes a diversion agreement pursuant to section
18-1.3-101
when a criminal case has been filed; or
(IV)
The defendant completes a deferred judgment and sentence pursuant to section
18-1.3-102
and all counts are dismissed.
(a.5)
The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1) at the time of disposition and shall serve the sealing order pursuant to section
24-72-703(8)
no later than twenty-eight days after the date of disposition.
(b)
If the court did not order the record sealing at the time of the dismissal or acquittal, the Colorado bureau of investigation shall automatically seal the record upon receipt of disposition in the case, unless the deferred judgment is ineligible for sealing pursuant to section
24-72-703 (12)(d)
.
(c)
Motions filed pursuant to this section are procedural in nature, and sealing pursuant to this section applies retroactively for all eligible cases when the case has been completely dismissed or the defendant has been acquitted of all counts in a state or municipal criminal case.
(d)
Notwithstanding the provision of subsection (1)(c) of this section, if the defendant is acquitted or if the case dismissed is a crime enumerated in section
24-4.1-302 (1)
in which notice of a hearing on a motion to seal is required pursuant to section
24-4.1-303 (11)
(b.7), the court shall allow the district attorney the opportunity to inform the victim that the record will be sealed and shall set a return date for the sealing motion no later than forty-two days after receipt of the motion.
(e)
The provisions of section
24-72-703 (2)(b)
and section
24-72-703 (5)
apply to this section.
(f)
This section does not apply to records that are subject to the procedure set forth in section
18-13-122 (13)
.
(2)
If the automatic sealing of a criminal record does not occur, the defendant may make a motion to seal in the criminal case the record at any time subsequent to the dismissal or acquittal through the filing of a written motion. The defendant may make the motion without being charged fees or costs.
Amended by 2022 Ch. 276, § 12, eff. 8/10/2022.
Amended by 2019 Ch. 295, § 1, eff. 8/2/2019.
Amended by 2018 Ch. 135, § 5, eff. 8/8/2018.
Added by 2014 Ch. 317, § 3, eff. 8/1/2014.
L. 2014: Entire part added, (SB 14-206), ch. 317, p. 1387, § 3, effective August 1. L. 2018: (1)(d)(V) and (1)(e)(V) added, (HB 18-1078), ch. 135, p. 891, § 5, effective August 8.
2022 Ch. 276, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.