(1) Any person in interest who is provided access to any criminal justice records pursuant to this part 3 shall have the right to challenge the accuracy and completeness of records to which he has been given access, insofar as they pertain to him, and to request that said records be corrected.
(2) If the custodian refuses to make the requested correction, the person in interest may request a written statement of the grounds for the refusal, which statement shall be furnished forthwith.
(3) In the event that the custodian requires additional time to evaluate the merit of the request for correction, he shall so notify the applicant in writing forthwith. The custodian shall then have thirty days from the date of his receipt of the request for correction to evaluate the request and to make a determination of whether to grant or refuse the request, in whole or in part, which determination shall be forthwith communicated to the applicant in writing.
(4) Any person in interest whose request for correction of records is refused may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why he should not permit the correction of such record. A hearing on such application shall be held at the earliest practical time. Unless the court finds that the refusal of correction was proper, it shall order the custodian to make such correction, and, upon a finding that the refusal was arbitrary or capricious, it may order the criminal justice agency for which the custodian was acting to pay the applicant's court costs and attorney fees in an amount to be determined by the court.
Source: L. 77: Entire part added, p. 1248, � 1, effective December 31.
24-72-308. Sealing of arrest and criminal records other than convictions. (Repealed)
Source: L. 77: Entire part added, p. 1249, � 1, effective December 31. L. 78: (1) and (2) amended, (1.1) to (1.3) and (9) added, and (3)(b) repealed, pp. 403, 406, �� 2, 3, effective May 5. L. 79: (1)(a), (1.1)(c) to (1.1)(f), and (9) amended and (10) added, p. 975, � 1, effective March 13. L. 81: Entire section R&RE, p. 1238, � 2, effective June 4. L. 82: (2)(b)(I), (2)(b)(II), and (5)(a) amended, p. 655, � 8, effective January 1, 1983. L. 83: (1)(a) amended, p. 680, � 4, effective July 1; (2)(i) and (3)(c)(II) amended, p. 963, � 11, effective July 1, 1984. L. 87: (5)(a) amended, p. 1498, � 8, effective July 1. L. 88: Entire section R&RE, p. 979, � 3, effective April 20. L. 92: (1.5) added, p. 281, � 1, effective July 1; (3) amended, p. 1106, � 7, effective July 1. L. 95: (3)(a) amended, p. 314, � 1, effective July 1. L. 96: (1)(a) amended, p. 736, � 5, effective July 1; (3)(c) amended and (3)(d) added, p. 1587, � 13, effective July 1. L. 2002: (3)(c) amended, p. 1190, � 33, effective July 1. L. 2003: (1)(b)(II) amended, p. 634, � 1, effective March 18. L. 2004: (1)(a) amended, p. 1375, � 1, effective August 4. L. 2006: (1)(a)(II) amended, p. 422, � 4, effective April 13. L. 2008: (1)(f)(III) added, p. 1668, � 14, effective May 29; (1)(a)(III), (2), and (3)(a) amended, p. 1937, � 1, effective July 1; (3)(e) added, p. 473, � 1, effective July 1. L. 2011: (1)(c) amended, (HB 11-1203), ch. 72, p. 199, � 2, effective August 10. L. 2013: (1)(a)(I), IP(1)(a)(III), (1)(b)(II), and (2)(b) amended and (3)(f) and (4) added, (SB 13-123), ch. 289, pp. 1542, 1555, �� 7, 14, effective May 24; (1)(b)(II) amended and (4) added, (SB 13-229), ch. 272, p. 1432, � 16, effective July 1; (1)(a)(I) and (1)(c) amended, (HB 13-1156), ch. 336, p. 1959, �� 9, 10, effective August 7. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, � 2, effective August 1.
Editor's note: This section was relocated to � 24-72-702 in 2014.
24-72-308.5. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2008, and prior to July 1, 2011. (Repealed)
Source: L. 2008: Entire section added, p. 1938, � 2, effective July 1. L. 2010: (4)(c) amended, (HB 10-1422), ch. 419, p. 2088, � 78, effective August 11. L. 2011: (2)(a)(II), (2)(c), (2)(d), and IP(4)(a) amended, (HB 11-1167), ch. 69, p. 181, � 1, effective March 29; (2)(c) amended, (HB 11-1203), ch. 72, p. 200, � 3, effective August 10. L. 2013: (2)(f)(I) amended and (6) added, (SB 13-123), ch. 289, p. 1543, � 8, effective May 24; (6) added, (SB 13-229), ch. 272, p. 1433, � 17, effective July 1. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, � 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated. For a detailed comparison, see the comparative tables located in the back of the index.
24-72-308.6. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011. (Repealed)
Source: L. 2011: Entire section added, (HB 11-1167), ch. 69, p. 182, � 2, effective March 29. L. 2013: (6) added, (SB 13-123), ch. 289, p. 1543, � 9, effective May 24; (6) added, (SB 13-229), ch. 272, p. 1433, � 18, effective July 1; (2)(a)(II)(C) and (2)(a)(III)(C) amended and (2)(a)(II.5) and (2)(a)(III.5) added, (SB 13-250), ch. 333, pp. 1940, 1936, �� 63, 57, effective October 1. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, � 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated. For a detailed comparison, see the comparative tables located in the back of the index.
24-72-308.7. Sealing of criminal conviction records information for offenses committed by victims of human trafficking. (Repealed)
Source: L. 2012: Entire section added, (HB 12-1151), ch. 174, p. 623, � 7, effective August 8. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, � 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated. For a detailed comparison, see the comparative tables located in the back of the index.
24-72-308.8. Sealing of criminal conviction records information for offenses involving theft of public transportation services. (Repealed)
Source: L. 2012: Entire section added, (SB 12-044), ch. 274, p. 1449, � 6, effective June 8. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, � 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated. For a detailed comparison, see the comparative tables located in the back of the index.
24-72-308.9. Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions. (Repealed)
Source: L. 2013: Entire section added, (SB 13-123), ch. 289, p. 1544, � 10, effective May 24. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, � 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article. Former subsections of this section are shown in editor's notes following those sections where they were relocated. For a detailed comparison, see the comparative tables located in the back of the index.