Increased Eligibility For Criminal Record Sealing

Criminal record sealing - simplified sealing no conviction - petition for sealing petty offenses through class 3 felonies and level 2 drug felonies - appropriation. The act repeals and reenacts the statutes related to sealing criminal justice records. The act creates a simplified process to seal criminal justice records when:

• A case against a defendant is completely dismissed because the defendant is acquitted of all counts in the case;
• The defendant completes a diversion agreement when a criminal case has been filed; or
• The defendant completes a deferred judgment and sentence and all counts are dismissed.

The court seals those records within the criminal case without requiring the defendant to file a separate civil action.

The act allows a defendant to petition for sealing criminal justice records when there is a criminal conviction and without requiring the defendant to file a separate civil action as follows:

• If the offense is a petty offense or a drug petty offense, the motion may be filed one year 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. The court seals the records if the defendant has not been convicted of a criminal offense since the later of the above dates.
• If the offense is a class 2 or 3 misdemeanor or any drug misdemeanor, the motion may be filed 2 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. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing.
• If the offense is a class 4, 5, or 6 felony, a level 3 or 4 drug felony, or a class 1 misdemeanor, the motion may be filed 3 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. The district attorney can object to the sealing. If the district attorney does not object and the crime is not a victims' rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim request a hearing, the court makes the determination after a hearing and considering the district attorney's position.
• For all other offenses, the petition may be filed 5 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. The district attorney can object to the sealing. If the district attorney does not object, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects, the court makes the determination after a hearing and considering the district attorney's position.

The act specifies the offenses for which sealing is not eligible including class 1, 2, and 3 felonies and level 1 drug felonies. The act retains the specific record sealing provisions for when no charges are filed and for victims of human trafficking, municipal offenses, and posting intimate photos of a person offenses.

The act states a defendant is not required to waive his or her right to file a motion to seal as a condition of a plea agreement.

The act appropriates $47,361 to the judicial department from the judicial stabilization cash fund for the trial courts. The act appropriates $443,847 to the department of public safety from the Colorado bureau of investigation identification unit fund for the biometric identification and records unit.

(Note: This summary applies to this bill as enacted.)