Colo. Rev. Stat. § 24-72-704

Current through Acts effective through 7/1/2024 of the 2024 Legislative Session
Section 24-72-704 - [Effective Until 7/1/2025] Sealing of arrest records when no charges filed - automatic sealing
(1)
(a) Any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to the person in interest is located for the sealing of all of the records, except basic identification information, if the records are a record of official actions involving a criminal offense for which the person in interest:
(I) Completed a diversion agreement pursuant to section 18-1.3-101 and no criminal charges were ever filed;
(II) Was not charged and the statute of limitations for the offense for which the person was arrested that has the longest statute of limitations has run; or
(III) Was not charged and the statute of limitations has not run but the person is no longer being investigated by law enforcement for commission of the offense.
(b) Any petition to seal criminal records shall include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed.
(c)
(I) Upon the filing of a petition, the court shall review the petition and determine whether the petition is sufficient on its face. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the petitioner is not entitled to relief pursuant to this section, the court shall enter an order denying the petition and mail a copy of the order to the petitioner or, as permitted, serve the order pursuant to Colorado supreme court rules. The court's order must specify the reasons for the denial of the petition.
(II) 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 set a date for a hearing at least thirty-five days after the determination and notify the prosecuting attorney, the arresting agency, and any other person or agency identified by the petitioner of the hearing date. If no objection is received by the court seven days prior to the hearing date, the court shall vacate the hearing and order such records, except for basic identification information, to be sealed. If an objection is filed and the court determines at a hearing or otherwise that the objection provides facts that make the petitioner ineligible for sealing of the arrest records, the court shall deny the petition and provide a copy of the order to the petitioner. The court's order must specify the reasons for the denial of the petition. If the objection does not provide facts that make the petitioner ineligible for sealing of the arrest records, the court shall order such records, except basic identification information, to be sealed.
(d) The person who is the subject of the records and the prosecuting attorney may inspect the records included in an order sealing criminal records without a court order and only for the purposes permitted by law.
(2)
(a) For arrests on or after January 1, 2022, the Colorado bureau of investigation in the department of public safety shall automatically seal an arrest record that is in its custody and control of a person when no criminal charges have been filed within one year of the date of the person's arrest. If the Colorado bureau of investigation does not receive documentation of the filing of criminal charges matching arrest records in its custody and control from a court or another state or local agency or office within one year of the date of arrest, the bureau shall seal the arrest records. The Colorado bureau of investigation is not required to conduct any independent investigation of whether criminal charges have been filed and is not required to seal any arrest records not in its custody and control. An arrest record eligible for sealing pursuant to this subsection (2)(a) must be sealed within sixty days after the year has passed since the person's arrest date. If the Colorado bureau of investigation receives notice of filed charges after it sealed the record, the bureau shall immediately unseal the record.
(b)
(I) For arrests without a conviction after January 1, 2019, but before January 1, 2022, the Colorado bureau of investigation shall automatically seal an arrest record that is in its custody and control of a person when no criminal charges have been filed:
(A) Within three years after the date of arrest for a felony offense for which the statute of limitations is three years; or
(B) Within eighteen months after the date of arrest for a misdemeanor offense, a misdemeanor traffic offense, a civil infraction, a petty offense, a municipal ordinance violation for which the statute of limitations is eighteen months or less, or if there is no indication of the classification of the crime in the arrest data.
(II) If the Colorado bureau of investigation does not receive documentation from a court or another state or local agency or office that criminal charges have been filed within the time periods provided in subsection (2)(b)(I) of this section, the bureau shall seal the arrest records in its custody and control. The Colorado bureau of investigation is not required to conduct any independent investigation of whether criminal charges have been filed and is not required to seal any arrest records not in its custody and control. If the Colorado bureau of investigation receives notice of filed charges after it sealed the record, the bureau shall immediately unseal the record.
(III) This subsection (2)(b) only applies to criminal arrest records that the Colorado bureau of investigation has custody and control over in an electronic format.
(IV)
(A) For arrest records with no conviction that are from 2013 to 2018, the Colorado bureau of investigation shall seal the records by January 1, 2023.
(B) For arrest records with no conviction that are from 2008 to 2012, the Colorado bureau of investigation shall seal the records by January 1, 2024.
(C) For arrest records with no conviction that are from 2003 to 2007, the Colorado bureau of investigation shall seal the records by January 1, 2025.
(D) For arrest records with no conviction that are from 1997 to 2002, the Colorado bureau of investigation shall seal the records by January 1, 2026.
(E) For any other arrest records with no conviction, the Colorado bureau of investigation shall seal the records by January 1, 2027.
(V) Arrest records for a felony offense with a statute of limitations of more than three years or with no statute of limitations pursuant to section 16-5-401 are not eligible for sealing under this subsection (2).
(3) Notwithstanding subsection (2) of this section, the Colorado bureau of investigation shall develop a process to allow an approved treatment provider providing treatment pursuant to section 16-11.7-103 (4) or 16-11.8-103 (4) access to sealed arrest records. A treatment provider shall not use records accessed pursuant to this subsection (3) for any other purpose.
(4) The provisions of section 24-72-703 (2) apply to an arrest record sealed pursuant to this section.
(5) Sealing of arrest records under this section does not impair the ability of the department of education to access and use sealed records in connection with background checks, investigations, and disciplinary actions conducted under article 60.5 of title 22.
(6)
(a) Beginning November 1, 2023, and annually thereafter, the Colorado bureau of investigation shall report the number of arrest records sealed to the judiciary committees of the senate and the house of representatives, or their successor committees, by judicial district and, to the extent possible, with data disaggregated by race and sex and by offense level.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (6) continues indefinitely.

C.R.S. § 24-72-704

Amended by 2022 Ch. 276, § 11, eff. 8/10/2022.
Amended by 2021 Ch. 455, § 6, eff. 9/7/2021.
Amended by 2019 Ch. 295, § 1, eff. 8/2/2019.
Amended by 2018 Ch. 135, § 4, eff. 8/8/2018.
Amended by 2017 Ch. 382, § 2, eff. 8/9/2017.
Added by 2014 Ch. 317, § 3, eff. 8/1/2014.
L. 2019: Entire part R&RE, (HB 19-1275), ch. 2738, p. 2738, § 1, effective August 2.
2022 Ch. 276, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.