Overview Description

Records relating to a case dismissed upon successful completion of a diversion agreement pursuant to section 18-1.3-101 are sealed by the court immediately. Colo. Rev. Stat. § 24-72-705(1)(a)(III). (Cannot link directly to statutes.)

Ineligible Category or Citation

There is no statutory language on ineligibility.

Procedure General

The procedure is automatic. If the court did not order the record sealing at the time of dismissal or acquittal, the defendant can file a petition for sealing at any time. C.R.S. § 24-72-705(1)(b).

Fees

There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-705(2)(a).

Effect

A successfully completed diversion agreement is not considered a conviction for any purpose. Colo. Rev. Stat. § 18-1.3-101. (Cannot link directly to statutes)

Sealing does not deny acccess 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. § 24-72-703.

Forms

Sealing petition forms can be found here.

Waiting Periods

There is no waiting period.

(non-prod server)