2024 New Colorado Criminal Record Sealing Law

13-3-117. State court administrator – automatic conviction
sealing. (1) (a.5) THE STATE COURT ADMINISTRATOR SHALL COMPILE A LIST
OF ELIGIBLE CONVICTIONS, EXCLUDING CRIMES PURSUANT TO SECTION
24-4.1-302 (1):
(I) THAT ARE ELIGIBLE FOR SEALING PURSUANT TO SECTIONS
24-72-703 AND 24-72-706; AND
(II) (A) IF THE JUDGMENT IS FOR A CIVIL INFRACTION, THAT FOUR
YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF THE CASE;
(B) IF THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR,
THAT AT LEAST SEVEN YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF
THE CASE;
(C) IF THE CONVICTION IS FOR AN ELIGIBLE FELONY, THAT AT LEAST
TEN YEARS HAVE PASSED SINCE 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,
WHICHEVER IS LATER.
(b) The state court administrator shall use the state conviction
database and the conviction databases of entities that do not report
convictions to the state database to compile the list. The state court
administrator shall compile the list based on a name-based review with
sufficient points of reference for identification validation as determined by
the state court administrator. The state court administrator must only include
convictions on the list if sufficient points of validation, as determined by the
state court administrator, are present. THE STATE COURT ADMINISTRATOR
SHALL NOT INCLUDE ANY CASE IN WHICH THERE IS NO FINAL DISPOSITION ON
ALL CHARGES IN THE CASE. THE STATE COURT ADMINISTRATOR SHALL NOT
INCLUDE ANY JUDGMENTS FOR WHICH THE DEFENDANT HAS AN INTERVENING
JUDGMENT DURING THE FOUR-YEAR WAITING PERIOD IF THE JUDGEMENT IS
FOR A CIVIL INFRACTION AND SHALL NOT INCLUDE ANY CONVICTIONS FOR
WHICH THE DEFENDANT HAS AN INTERVENING CONVICTION DURING THE
SEVEN-YEAR WAITING PERIOD IF THE CONVICTION IS FOR A PETTY OFFENSE
OR MISDEMEANOR OR DURING THE TEN-YEAR WAITING PERIOD IF THE
CONVICTION IS FOR A FELONY. The state court administrator shall sort the list
by judicial district of conviction.
PAGE 3-SENATE BILL 22-099
(d) Beginning July 1, 2024, the state court administrator shall
compile the A list OF DRUG CONVICTIONS, MISDEMEANORS, AND PETTY
OFFENSES THAT ARE ELIGIBLE pursuant to this subsection (1) on tllc first
Mondar of- every-month-and-the-C-otorado-bureatr of-investigation-and
distriet- attorneys-thall-eompfete-theit-review-withiir thirtr-fiv
reeeiving-a-nevirtis -The-eourt-shaii-seaFalfeonvictiorr records-eligible-for
scaling pursuant compiled pursuant o subsection (3)(a) of
sectiorrwithirrfourteen-days-ofreeeiptofthe-anrende&fist-fronreaeirdistriet
attorncy A QUARTERLY BASIS. THE STATE COURT ADMINISTRATOR SHALL
INCLUDE THE ELIGIBLE FELONY CONVICTIONS NOT FOUND IN ARTICLE 18 OF
TITLE 18 PURSUANT TO SUBSECTION ( 1 )(a.5) OF THIS SECTION BEGINNING ON
JULY 1, 2025.
(2) The state court administrator shall forward the list compiled
pursuant to subsection (1) of this section to the-eoforado-burean-of
investigation7 EACH DISTRICT ATTORNEY, EXCEPT FOR CIVIL INFRACTIONS.
THE STATE COURT ADMINISTRATOR SHALL SEND THE LIST OF CIVIL
INFRACTIONS TO BE SEALED WITH THE FINAL LIST PURSUANT TO SUBSECTION
(3)(b) OF THIS SECTION TO THE CHIEF JUDGE FOR EACH JUDICIAL DISTRICT.
The-C-aforado-bureatr of investigation-shail-e-ompare-the-fist with-eriminat
history reports. The Colorado bureau of investigation shall complete the
comparison bascd on a frngcrprint-bascd review with sufficicnt points of
referenee-foridentifieatiorrvalidatiorras-deterrnined-by-the-eaforado-bureatt
of-investigation-The-eaforadertyttreatroiFinvestigation-shali-remove-any
convictions-frorn-the-fist-frorn-the-state-eattrt-adnrinistrator-in-whieh
stifficient-identifreation-validatiorr eannot-be-nrade-by-the-C-oforado-burean
of-investigatioir and-any-eonvietions-for-whieh-the-drfendant-fras-an
intervening-eonvietion-tharing-the-severr-year-waiting-period-if—the
waiting period if the conviction is for a fclony. The Colorado burcau o
investigatiorr shall-forward-emir amended-fist-to-eau* distriet-attorner
(3) (a) (I) Upon receipt of the list from the Colorado bureau of
investigation STATE COURT ADMINISTRATOR, each ELECTED district attorney,
OR HIS OR HER DESIGNEE, shall remove convictions from flu., list MAY,
WITHIN FORTY-FIVE DAYS, OBJECT TO THE INCLUSION OF A CONVICTION ON
THE LIST FOR CIRCUMSTANCES in which a condition of THE plea was that the
defendant agreed to not have the conviction record sealed, and convictions
in which the defendant has a pending criminal charge, AN INTERVENING
CONVICTION, OR CONVICTIONS THAT ARE INELIGIBLE FOR SEALING. Each
PAGE 4-SENATE BILL 22-099
districtattorney-shalf s-enclits-amentit+fist-tcrthe-state-eourt-admirristraton
The-state-court-admirristratorshafFecympite–eacir of-the-fists–into-one-final
listand-sort-the-convictions-by-juditial-distrith
(II) FOR A FELONY CONVICTION FOR AN OFFENSE NOT IN ARTICLE 18
OF TITLE 18, IN ADDITION TO THE OBJECTIONS IN SUBSECTION (3)(a)(I) OF
THIS SECTION, EACH DISTRICT ATTORNEY MAY, WITHIN FORTY-FIVE DAYS,
OBJECT WHEN THE DISTRICT ATTORNEY HAS A REASONABLE BELIEF,
GROUNDED IN SUPPORTING FACTS, THAT THE PUBLIC INTEREST AND PUBLIC
SAFETY IN RETAINING PUBLIC ACCESS TO THE CURRENT RECORD OR CASE
OUTWEIGHS THE PRIVACY INTEREST OF, OR ADVERSE CONSEQUENCES TO, THE
DEFENDANT.
(III) EACH DISTRICT ATTORNEY SHALL FILE A NOTICE WITH THE
COURT IN THE CRIMINAL CASE THAT IS THE SUBJECT OF THE RECORD
WITHOUT THE NEED FOR ADDITIONAL SERVICE ON ANY PARTY, NOTING THE
BASIS OF THE OBJECTION.
(IV) FOR OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
SECTION, THE NOTICE MUST EXPLAIN THE BASIS FOR THE OBJECTION AND
INCLUDE ANY AVAILABLE SUPPORTING DOCUMENTS. IN SUCH CASES, THE
COURT SHALL SERVE NOTICE ON THE DEFENDANT AT THE DEFENDANT’S LAST
KNOWN ADDRESS AND EXPLAIN IN PLAIN LANGUAGE THAT THE DEFENDANT
MAY REQUEST A HEARING ON THE MATTER. IF THE DEFENDANT REQUESTS A
HEARING, THE COURT SHALL PROCEED PURSUANT TO SECTION 24-72-706.
(V) THE STATE COURT ADMINISTRATOR SHALL REMOVE THE
CONVICTIONS OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST, IF
ANY, AND THEN COMPILE EACH OF THE LISTS INTO ONE FINAL LIST AND SORT
THE CONVICTIONS BY JUDICIAL DISTRICT. ALL CONVICTIONS FROM THE
INITIAL LISTS SHALL BE INCLUDED UNLESS OBJECTED TO WITHIN THE
FORTY-FIVE-DAY PERIOD AS INELIGIBLE UNDER SUBSECTION (3)(a)(I),
(3)(a)(II), or (3)(a)(III) OF THIS SECTION.
(b) (I) The district attorncy STATE COURT ADMINISTRATOR shall send
the final list compiled pursuant to subscction (3)(a) SUBSECTION (3)(a)(V)
of this section to the chief judge for the judicial district. and The courts of
that judicial district shall enter sealing orders based on the list received
WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE AMENDED LIST FROM THE
STATE COURT ADMINISTRATOR.
PAGE 5-SENATE BILL 22-099
(II) The district court shall send a copy of the sealing order to the
ethorarlo—bureatrof–investigatior e—favv—enforeLm nt agency that
hwestigated-the-easeTand-the district attorney’s office that prosecuted the
case to facilitate sealing of the records held by those-entities THE DISTRICT
ATTORNEY’S OFFICES. The court shall also send a copy to the-deferrdant-if
the-contaet-informatiorr forthe-clefendant-is-avail-able-ancl-to the state court
administrator for purposes ofsubscction (3)(c) SUBSECTIONS (3)(b)(III) AND
(3)(c) of this section.
(III) THE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY
SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION (3)(b)
TO THE COLORADO BUREAU OF INVESTIGATION USING AN
INFORMATION-SHARING DATA TRANSFER TO FACILITATE SEALING OF THE
RECORDS HELD BY THE COLORADO BUREAU OF INVESTIGATION.
(IV) THE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER
PURSUANT TO SECTION 24-72-703 (2)(c) AND SERVE THE SEALING ORDER ON
ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION 24-72-703 (8),
INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE CASE.
(c) ON OR BEFORE JULY 1, 2024, the state court administrator shall
develop a website that allows a defendant to confidentially determine
whether der THE DEFENDANT’S conviction has been sealed pursuant
to this section and information about how to receive a copy of the sealing
order.
(4) (a) ON OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE
JANUARY 1 EACH YEAR THEREAFTER, THE STATE COURT ADMINISTRATOR
SHALL REPORT 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, THE NUMBER OF
CONVICTION RECORDS IN THE PRIOR CALENDAR YEAR THAT:
(I) WERE CONSIDERED FOR AUTOMATIC RECORD SEALING;
(II) THE STATE COURT ADMINISTRATOR SENT TO THE CHIEF JUDGES
FOR EACH JUDICIAL DISTRICT; AND
(III) THE DISTRICT ATTORNEYS OBJECTED TO DUE TO:
PAGE 6-SENATE BILL 22-099
(A) INTERVENING CONVICTIONS;
(B) THE INELIGIBILITY OF THE OFFENSE;
(C) PENDING CHARGES;
(D) PLEA AGREEMENTS WAIVING THE RIGHT TO RECORD SEALING;
AND
(E) OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
SECTION.
(b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT
REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.
(c) DURING THE 2023 AND 2024 LEGISLATIVE SESSIONS, THE
JUDICIAL DEPARTMENT SHALL REPORT ON THE PROGRESS OF ITS
IMPLEMENTATION OF SECTION 13-3-117, INCLUDING THE CREATION OF THE
WEBSITE PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION, AS PART OF THE
DEPARTMENT’S “STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,
AND TRANSPARENT (SMART) GOVERNMENT ACT” HEARING REQUIRED BY
SECTION 2-7-203.