A motion filed for the sealing of conviction records for an offense that was unlawful at the time of conviction, but is no longer unlawful pursuant to section 18-18-434, may be filed at any time. The court shall order the records sealed unless the district attorney objects. C.R.S. 24-72-706(f.5)(I).
Ineligible Category or Citation
A defendant petitioning under this section is not required to submit a copy of their criminal history. C.R.S. 24-72-706(f.5)(III)(B).
Procedure General
When filing for relief under this section, the defendant shall provide notice of the motion to the district attorney, who may object within 42 days. If the district attorney objects to the motion, there will be a hearing and the burden is on the defendant to show by a preponderance of the evidence that the underlying crime for the conviction sought to be sealed is no longer unlawful. C.R.S. 24-72-706(f.5)(II).
Fees
A fee may not be charged when filing under this subsection. C.R.S. 24-72-706(f.5)(III)(A).
Effect
Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. ยง 24-72-703.
