C.R.S. Section 24-72-705
Sealing criminal justice records other than convictions

  • simplified process
  • applicability

(1)

Intentionally left blank —Ed.

(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.

Source: Section 24-72-705 — Sealing criminal justice records other than convictions - simplified process - applicability, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑72‑101
Records destroyed - certified copies rerecorded 24‑72‑102
District court to restore destroyed records 24‑72‑103
Costs and expenses of proceeding 24‑72‑104
Purchase abstracts 24‑72‑105
Abstract books part of records - evidence 24‑72‑106
Abstract books - use - presumptions 24‑72‑107
Abstract books, when notice 24‑72‑108
Jurisdiction of courts to make inquiry 24‑72‑109
Special commissioners - fees 24‑72‑110
Evidence admissible, when - charges 24‑72‑111
Originals destroyed, prior abstracts as evidence 24‑72‑112
Public records free to servicemen 24‑72‑113
Limit on retention of passive surveillance records - definition 24‑72‑200.1
Short title 24‑72‑201
Legislative declaration 24‑72‑202
Definitions 24‑72‑203
Public records open to inspection 24‑72‑204
Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal 24‑72‑204.5
Adoption of electronic mail policy 24‑72‑205
Copy, printout, or photograph of a public record - imposition of research and retrieval fee 24‑72‑205.5
Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions 24‑72‑301
Legislative declaration 24‑72‑302
Definitions 24‑72‑303
Records of official actions required - open to inspection - applicability 24‑72‑304
Inspection of criminal justice records 24‑72‑305
Allowance or denial of inspection - grounds - procedure - appeal 24‑72‑305.3
Private access to criminal history records of volunteers and employees of charitable organizations 24‑72‑305.4
Governmental access to criminal history records of applicants in regulated professions or occupations 24‑72‑305.5
Access to records - denial by custodian - use of records to obtain information for solicitation - definitions 24‑72‑305.6
County clerk and recorder access to criminal history records of election judges and employees - rules 24‑72‑306
Copies, printouts, or photographs of criminal justice records - fees authorized 24‑72‑307
Challenge to accuracy and completeness - appeals 24‑72‑309
Violation - penalty 24‑72‑501
Definitions 24‑72‑502
Creation of a privacy policy for governmental entities 24‑72‑601
Definitions 24‑72‑602
Access to personal medical information prohibited - exceptions 24‑72‑701
Definitions 24‑72‑702
Expungement of arrest records in case of mistaken identity - definitions 24‑72‑703
Sealing of records - general provisions - order applicability - discovery and advisements 24‑72‑704
Sealing of arrest records when no charges filed - automatic sealing 24‑72‑705
Sealing criminal justice records other than convictions - simplified process - applicability 24‑72‑706
Sealing of criminal conviction and criminal justice records - processing fee 24‑72‑707
Sealing of criminal conviction records information for offenses committed by victims of human trafficking 24‑72‑708
Sealing of criminal conviction records information for municipal offenses for convictions 24‑72‑709
Sealing of criminal conviction records information for multiple conviction records 24‑72‑710
Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon
Green check means up to date. Up to date

Current through Fall 2024

§ 24-72-705’s source at colorado​.gov