Records relating to a case that was completely dismissed or that ended with acquittal on all counts are sealed by the court immediately. C.R.S. § 24-72-705(1)(a). (Cannot link directly to statutes)
Ineligible Category or Citation
There is no statutory language on ineligibility.
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).
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).
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.
There is no waiting period. If, however, a criminal offense is dismissed because of a plea agreement in a separate case, the records are eligible for sealing when the conviction records in the separate case are eligible. C.R.S. § 24-72-703(12)(a)(II).