C.R.S. Section 24-72-708
Sealing of criminal conviction records information for municipal offenses for convictions


(1)

Sealing of conviction records.
A defendant may file a motion in the criminal case in which any conviction records pertaining to the defendant for a municipal violation are located for the sealing of the conviction records within the time frames described in subsection (3)(a) of this section, except basic identification information, if:

(a)

The defendant has not been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the defendant or the date of the defendant’s release from supervision, whichever is later; and

(b)

The conviction records sought to be sealed are not for a misdemeanor traffic offense committed either by a holder of a commercial learner’s permit or a commercial driver’s license, as defined in section 42-2-402, or by the operator of a commercial motor vehicle, as defined in section 42-2-402.

(2)

Sealing of conviction records with a single subsequent offense.
Notwithstanding the provisions of subsection (1)(a) of this section, a defendant may file a motion in the criminal case in which any conviction records pertaining to the defendant for a municipal violation or petty offense are located for the sealing of the conviction records within the time frames described in subsection (3)(b) of this section, except basic identification information, if:

(a)

The defendant was convicted of a single offense that was not a felony and did not involve domestic violence as defined in section 18-6-800.3 (1), unlawful sexual behavior as defined in section 16-22-102 (9), or child abuse as defined in section 18-6-401;

(b)

The defendant has not been convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the defendant for the subsequent criminal case or since the date of the defendant’s release from supervision for the subsequent case, whichever is later; and

(c)

The conviction sought to be sealed is not a municipal assault or battery offense in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), or any other municipal violation in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1).

(3)

Timing for filing motions.

(a)

A motion filed pursuant to subsection (1) of this section may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.

(b)

A motion filed pursuant to subsection (2) of this section may be filed ten years after the date of the final disposition of all criminal proceedings against the defendant for the subsequent criminal case or ten years after the date of the defendant’s release from supervision for the subsequent criminal case, whichever is later.

(4)

Upon filing the motion, the defendant shall pay the filing fee required by law.

(5)

Intentionally left blank —Ed.

(a)

Upon the filing of a motion, the court shall review the motion and determine whether there are grounds pursuant to this section to proceed to a hearing on the petition. If the court determines that the motion on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the motion, the defendant is not entitled to relief pursuant to this section, the court shall enter an order denying the motion and mail a copy of the order to the defendant. The court’s order shall specify the reasons for the denial of the motion.

(b)

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 grant the motion unless the prosecution files an objection. If the prosecution files a written objection, the court shall set a date within forty-two days after the filing of the motion for a hearing and the court shall notify the prosecution, the municipal police department or local law enforcement agency, and any other person or agency identified by the defendant.

(c)

After the hearing described in subsection (5)(b) of this section is conducted and if the court finds that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining public access to the conviction records, the court may order the conviction records, except basic identification information, to be sealed. In making this determination, the court shall consider the factors in section 24-72-706 (1)(g).

(d)

Pursuant to section 24-72-703 (12)(b), the court shall not factor in or take into consideration any unpaid fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the motion to seal when the court is determining whether the record should be sealed. Conviction records may not be sealed if the defendant still owes restitution unless the court that entered the order for restitution vacated the order.

Source: Section 24-72-708 — Sealing of criminal conviction records information for municipal offenses for convictions, 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

§ 24-72-708’s source at colorado​.gov