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CRS 24-72-704 – SEALING ARREST RECORDS WHEN NO CHARGES FILED
(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 the sealing 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:
(I) Completed a diversion agreement pursuant to section 18-1.3-101 and no criminal charges were ever filed;
(II) 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
(III) 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.
(b) 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.
(I) 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 pursuant to 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 pursuant to Colorado supreme court rules. The court’s order must 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 pursuant to this section, the court shall set a date for a hearing at least thirty-five days after the determination and notify the prosecuting attorney, the arresting agency, and any other person or agency identified by the petitioner of the hearing date. If no objection is received by the court seven days prior to the hearing date, the court shall vacate the hearing and order such records, except for basic identification information, to be sealed. If an objection is filed and the court determines at a hearing or otherwise that the objection provides facts that make the petitioner ineligible for sealing of the arrest records, the court shall deny the petition and provide a copy of the order to the petitioner. The court’s order must specify the reasons for the denial of the petition. If the objection does not provide facts that make the petitioner ineligible for sealing of the arrest records, the court shall order such records, except basic identification information, to be sealed.
(d) Inspection of the records included in an order sealing criminal records may 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.
Amended by 2019 Ch. 295,§ 1, eff. 8/2/2019.
Amended by 2018 Ch. 135,§ 4, eff. 8/8/2018.
Amended by 2017 Ch. 382,§ 2, eff. 8/9/2017.
Added by 2014 Ch. 317,§ 3, eff. 8/1/2014.
L. 2014: Entire part added, (SB 14-206), ch. 317, p. 1385, § 3, effective August 1. L. 2017: (2)(b)(III) amended, (HB 17-1360), ch. 382, p. 1989, § 2, effective August 9. L. 2018: (1)(c) amended, (HB 18-1078), ch. 135, p. 890, § 4, effective August 8.