Colo. Rev. Stat. § 24-72-701, Definitions

As used in this part 7, unless the context otherwise requires:

(1) Arrest and criminal records information has the same meaning as in section 24-72-302.

(2) Basic identification information has the same meaning as in section 24-72-302.

(2.5) Conviction means a criminal judgment of conviction and does not include infractions that constitute civil matters.

(3) Conviction records means arrest and criminal records information and any records pertaining to a judgment of conviction.

(4) Criminal justice agencies has the same meaning as in section 24-72-302.

(4.5) Criminal justice records means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency or other entity, public or private, in the state for use in the exercise of functions required or authorized by law or administrative rule, including the results of chemical biological substance testing to determine genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104.

(5) Custodian has the same meaning as in section 24-72-302.

(5.5) Disposition has the same meaning as set forth in section 24-72-302.

(6) Official actions has the same meaning as in section 24-72-302.

(7) Person in interest has the same meaning as in section 24-72-302.

(8) Private custodian has the same meaning as in section 24-72-302.

(9) Victim means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as the crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2732, � 1, effective August 2. L. 2022: (2.5), (4.5), and (5.5) added, (SB 22-099), ch. 276, p. 1987, � 9, effective August 10.

Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 2014. For a detailed comparison, see the comparative tables located in the back of the index.

24-72-702. Expungement of arrest records in case of mistaken identity - definitions. (1) (a) Notwithstanding any other provision of law, a court shall expunge the arrest and criminal records information of a person who was arrested as a result of mistaken identity and who did not have charges filed against him or her.

(b) No later than ninety days after an investigation by a law enforcement agency finds that a person was arrested as a result of mistaken identity and no charges were filed, the law enforcement agency that made the arrest shall petition the district court in the judicial district where the person was arrested for an expungement order for the arrest and criminal records information made as a result of the mistaken identity, at no cost to the person arrested. If the arresting agency fails to submit a petition within the prescribed timeframe pursuant to this section, a defendant may petition the district court in the judicial district where the person was arrested for an expungement order for the arrest and criminal records created as a result of the mistaken identity. A petition filed pursuant to this subsection (1)(b) is not subject to a filing fee, and an eligible defendant filing for expungement pursuant to this section must not be charged any other fees or costs associated with expunging the record.

(c) No later than ninety days after receiving the petition, the court shall order the expungement of the arrest and criminal records information and all other administrative records of the law enforcement agency relating to the person's arrest as a result of mistaken identity.

(2) The courts shall direct any order entered pursuant to subsection (1)(c) of this section to every custodian who may have custody of any part of the arrest and criminal records information that is the subject of the order. When a court enters an order expunging criminal records pursuant to subsection (1)(c) of this section, the petitioner shall provide the Colorado bureau of investigation and every custodian of such records with a copy of the order. The petitioner shall provide a private custodian with a copy of the order and send the private custodian an electronic notification of the order. Each private custodian that receives a copy of the order from the petitioner shall remove the records that are subject to the order from its database. Thereafter, the court may issue an order sealing the civil case in which the records were sealed.

(3) Upon the entry of an order to expunge the records, the petitioner and all criminal justice agencies may properly reply, upon any inquiry into the matter, that no such records exist with respect to the person.

(4) Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. An applicant need not, in answer to any question concerning arrest and criminal records information that has been expunged, include a reference to or information concerning the expunged information and may state that no such action has ever occurred. Such an application may not be denied solely because of the applicant's refusal to disclose arrest and criminal records information that has been expunged.

(5) For purposes of this section:

(a) Law enforcement agency means the Colorado state patrol or the agency of a state or local government authorized to enforce the laws of Colorado.

(b) Mistaken identity means the misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the crime, misinformation provided to law enforcement as to the identity of the person who committed the crime, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the crime.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2733, � 1, effective August 2. L. 2024: (1)(b) amended, (HB 24-1133), ch. 384, p. 2617, � 1, effective July 1, 2025.

24-72-703. Sealing of records - general provisions - order applicability - discovery and advisements. (1) Applicability. This section applies to the sealing of arrest and criminal justice records pursuant to sections 24-72-704 to 24-72-710. Subsections (2), (4), (5), (6), (7), and (12) of this section apply to the automatic sealing of criminal justice records pursuant to section 13-3-117.

(2) Effect of a sealing order. (a) (I) An order sealing arrest or other criminal records does not deny access to the criminal records of a petitioner or defendant by any court, law enforcement agency, criminal justice agency, prosecuting attorney, party, or governmental agency required by statute or rules or regulations to conduct a criminal history record check on an individual, including for the purpose of a prosecutor complying with prosecutorial duties under rule 16 of the Colorado rules of criminal procedure to disclose criminal justice records in criminal proceedings.

(II) An order sealing conviction records does not vacate a conviction.

(III) A record sealed pursuant to this article 72 and section 13-3-117 may be used by a criminal justice agency, law enforcement agency, court, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case, including any subsequent case that is filed against the petitioner or defendant; for collecting fines, court costs, late fees, or other fees; or for any other lawful purpose within the scope of the agency's, court's, or attorney's duties. A party or agency required by law to conduct a criminal history record check is authorized to use any sealed conviction for the lawful purpose for which the criminal history record check is required by law.

(IV) Criminal justice information and criminal justice records in the possession of a criminal justice agency may be shared with any other criminal justice agency when an inquiry concerning the arrest and criminal justice information or records is made.

(V) If a defendant is convicted of a new criminal offense after an order sealing conviction records is entered, the court shall order the conviction records to be unsealed.

(VI) The sealing of a record pursuant to this article 72 and section 13-3-117 does not preclude a court's jurisdiction over any subsequently filed motion, including a motion to amend the record, a postconviction relief motion or petition, or any other motion concerning a sealed conviction record.

(VII) A defendant whose record has been sealed or expunged may access information contained in the sealed record from the Colorado bureau of investigation without a court order. In response to an inquiry from the defendant, the Colorado bureau of investigation shall reply both pursuant to subsection (2)(b) of this section and with the information and records underlying the sealed record.

(VIII) A prosecuting attorney's access to records pursuant to this subsection (2) does not require a court order.

(IX) A court shall allow a person to access a sealed criminal justice record if the person affirms to the court, in writing or electronically, that:

(A) The person is an attorney, or is acting on behalf of an attorney;

(B) The defendant in the underlying criminal case has given written permission for the person to access the sealed record; and

(C) The person is accessing the record for the sole purpose of providing legal advice to, or evaluating whether to enter an appearance on behalf of, the defendant who gave permission for the person to access the record.

(b) Except as otherwise provided in subsection (2)(a)(I) of this section, upon the entry of an order to seal the criminal records, the defendant may properly reply, upon an inquiry into the matter, that public criminal records do not exist with respect to the petitioner or defendant. Upon an inquiry into a sealed record, a criminal justice agency shall reply that a public criminal record does not exist with respect to the defendant who is the subject of the sealed record.

(c) 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.

(d) (I) Except as otherwise provided in subsection (2)(a)(I) of this section, employers, state and local government agencies, officials, landlords, employees, and any other entity shall not require an applicant to disclose any information contained in sealed criminal justice records in any application or interview or in any other way. An applicant does not need to include a reference to or information concerning the sealed records in answer to any question concerning records that have been sealed and may state that the applicant has not been criminally convicted. An application may not be denied solely because of the applicant's refusal to disclose records that have been sealed.

(II) Subsection (2)(d)(I) of this section does not preclude the bar committee of the Colorado state board of law examiners from making further inquiries into the fact of a conviction that comes to the attention of the bar committee through other means. The bar committee of the Colorado state board of law examiners has a right to inquire into the moral and ethical qualifications of an applicant, and the applicant has no right to privacy or privilege that justifies his or her refusal to answer any question concerning arrest and criminal records information that has come to the attention of the bar committee through other means.

(III) Notwithstanding the provisions of subsection (2)(d)(I) of this section, the department of education shall require a licensed educator or an applicant for an educator's license who files a petition to seal a criminal record to notify the department of education of the pending petition to seal. The department of education has the right to inquire into the facts of the criminal offense for which the petition to seal is pending. The educator or applicant has no right to privacy or privilege that justifies his or her refusal to answer any questions of the department of education concerning the arrest and criminal records information contained in the pending petition to seal.

(IV) Sealed court records are open to inspection without court order to any person or agency for research purposes if all of the following conditions are met:

(A) The person or agency conducting the research is employed by the state of Colorado or is under contract with the state of Colorado or other governmental subdivision and is authorized by the state or subdivision to conduct the research;

(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited, that no identifying information is included in documents generated from the research conducted, and that all identifying information is deleted from documents used in the research when the research is completed;

(D) If applicable, when publicly reporting de-identified aggregate information about criminal justice issues, the information would be inaccurate without the inclusion of sealed record information;

(E) If applicable, when the purpose of the research cannot be accomplished without the inclusion of de-identified sealed record information; and

(F) If applicable, when the person or agency conducting the research is also conducting data maintenance or data linkage on behalf of a custodian of criminal justice records and requires access to identified sealed record information.

(3) A person may only file a petition with the court for sealing of each case once every twelve-month period, unless otherwise provided by the court.

(4) Nothing in this part 7 regarding sealing of records authorizes the physical destruction of any conviction records.

(5) (a) Inspection of the court records included in an order sealing criminal records may be permitted by the court only upon petition by the petitioner or the defendant who is the subject of the records or by the prosecuting attorney and only for those purposes named in the petition. This petition to inspect the criminal justice records must be filed by the petitioning party within the case in which the sealing order was entered.

(b) Notwithstanding the provisions of subsections (2)(b) and (2)(c) of this section, the prosecuting attorney or the law enforcement agency may release to the victim in the sealed case copies of police reports or any protection orders issued in the sealed case if the victim demonstrates to the prosecuting attorney or law enforcement agency a need for the reports or court orders for a lawful purpose. The prosecuting attorney, including staff of the prosecuting attorney's office or a victim or witness assistance program, or the staff of a law enforcement agency or law enforcement victim assistance program, may discuss the sealed case, the results of the sealing proceedings, and information related to any victim services available to the victim.

(c) Notwithstanding any other provision of this section, any member of the public may petition the court to unseal any court file of a criminal conviction that has previously been sealed upon a showing that circumstances have come into existence since the original sealing and, as a result, the public interest in disclosure now outweighs the defendant's interest in privacy.

(6) For the purpose of protecting the author of any correspondence that becomes a part of criminal justice records, the court having jurisdiction in the judicial district in which the criminal justice records are located may, in its discretion, with or without a hearing, enter an order to seal any information, including but not limited to basic identification information contained in the correspondence that is part of the record in the criminal case. However, the court may, in its discretion, enter an order that allows the disclosure of sealed information to defense counsel or, if the defendant is not represented by counsel, to the defendant.

(7) Rules of discovery - rules of evidence - witness testimony. Court orders sealing records of official actions pursuant to this part 7 do not limit the operations of:

(a) The rules of discovery or the rules of evidence promulgated by the supreme court of Colorado or any other state or federal court;

(b) The provisions of section 13-90-101 concerning witness testimony.

(8) Service of sealing order. The court shall direct a sealing order entered pursuant to this part 7 to each custodian who may have custody of any part of the criminal justice records or arrest and criminal records information that are the subject of the order. The court shall direct that the sealing order applies to public and private custodians of the records. Whenever a court enters an order sealing criminal justice records, the court shall provide the Colorado bureau of investigation and each custodian of the records with a copy of the order. The defendant may serve a private or public custodian with a copy of the order. Each private custodian that receives a copy of the order from the defendant shall remove the records that are subject to an order from its database and shall secure and keep confidential any records in the custodian's possession. The defendant shall pay to the bureau any costs related to the sealing of the defendant's criminal justice records in the custody of the bureau, unless the defendant demonstrates that the records should have been automatically sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705. Thereafter, the defendant may request and the court may grant an order sealing the case in which the records were sealed.

(9) Advisements. (a) Whenever a defendant is sentenced following a conviction for an offense described in sections 24-72-706 to 24-72-708, the court shall provide him or her with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section.

(b) In addition to, and not in lieu of, the requirement described in subsection (9)(a) of this section:

(I) If a defendant is sentenced to probation following a conviction for an offense described in sections 24-72-706 to 24-72-708, the probation department, upon the termination of the defendant's probation, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section; or

(II) If a defendant is released on parole following a conviction for an offense described in sections 24-72-706 to 24-72-708, the defendant's parole officer, upon the termination of the defendant's parole, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section.

(10) If the person in interest has successfully completed a veterans treatment program established pursuant to section 13-5-144 in the case that is the subject of the petition to seal, the court shall consider such factor favorably in determining whether to issue an order to seal records pursuant to this section.

(10.5) If the person in interest has entered into or successfully completed a substance use disorder treatment program licensed pursuant to section 27-80-205 in the case that is the subject of the petition to seal, the court shall consider such factor favorably in determining whether to issue an order to seal records pursuant to this section.

(11) A defendant shall not be required to waive his or her right to file a motion to seal pursuant to the provisions of this section as a condition of a plea agreement in any case.

(12) Exclusions. (a) (I) Notwithstanding any provision in this part 7 to the contrary, in regard to any conviction of the defendant resulting from a single case in which the defendant is convicted of more than one offense, records of the conviction may be sealed pursuant to the provisions of this part 7 only if the records of every conviction of the defendant resulting from that case may be sealed pursuant to the provisions of this part 7.

(II) If a criminal case is dismissed or if a criminal offense is not charged due to a plea agreement in a separate case, the records are eligible for sealing at such time as the criminal case in which the conviction was entered is eligible for sealing pursuant to the provisions of this part 7.

(III) If a defendant is convicted of an offense in the same case in which the defendant successfully completed a deferred judgment, records of the deferred judgment are eligible for sealing when the criminal case in which the conviction was entered is eligible for sealing pursuant to the provisions of this part 7, unless the deferred judgment is ineligible for sealing pursuant to subsection (12)(d) of this section.

(b) Neither the court nor the state court administrator's office shall 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.

(I) A class 1 or 2 misdemeanor traffic offense; or

(II) A class A or B traffic offense.

(d) Sealing is not available for:

(I) Records pertaining to a deferred judgment and sentence concerning traffic control laws related to the holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402; and

(II) Records pertaining to a deferred judgment and sentence for a felony offense for the factual basis involved in unlawful sexual behavior as defined in section 16-22-102 (9).

(13) Remote participation. For any motion filed to seal criminal justice records:

(a) The court shall allow the defendant, the prosecution, the named victim, and any witness to appear in person or remotely by phone or video on a platform designated by the court at any hearing or other court proceeding. Either party, the named victim, and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party, named victim, or witness contacts the court within forty-eight hours before the scheduled appearance, the court has discretion whether to approve the party's or witness's requested change in participation.

(b) The court shall comply with any federal or state law or regulation, including any supreme court directive or policy, regarding the provision of accommodations for people with a disability or for people with limited English proficiency during any proceeding, regardless of whether the proceeding is conducted in person or remotely by phone or video on a platform designated by the court.

(c) In the event a party is disconnected or there is a technology failure, the court shall make all reasonable efforts to contact the party and shall allow the party reasonable time to reestablish connection with the court. If the party is unable to reestablish connection, the court shall reschedule the hearing, to be held in person or remotely by phone or video on a platform designated by the court, for the first available date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2734, � 1, effective August 2. L. 2020: (10.5) added, (HB 20-1017), ch. 288, p. 1425, � 9, effective September 14. L. 2021: (1) amended, (HB 21-1214), ch. 455, p. 3030, � 5, effective September 7. L. 2022: (1), (2)(a)(I), (2)(a)(III), (2)(b), (2)(c), (2)(d)(I), (8), and (12)(b) amended and (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), and (2)(d)(IV) added, (SB 22-099), ch. 276, p. 1987, � 10, effective August 10. L. 2023: (9)(b) amended, (HB 23-1301), ch. 303, p. 1827, � 38, effective August 7. L. 2024: (2)(a)(IX), (12)(a)(III), and (13) added and (12)(d)(I) amended, (HB 24-1133), ch. 384, p. 2617, � 2, effective July 1, 2025.

24-72-704. 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.

(1.5) (a) On its own motion, the court shall order the defendant's criminal justice records sealed when the district attorney notifies the court that a person in interest meets one of the conditions of subsection (1) of this section to facilitate sealing of the records held by the court.

(b) The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1.5) at the time of notice and shall serve the sealing order pursuant to section 24-72-703 (8) no later than twenty-eight days after the date of sealing.

(c) If the automatic sealing of a criminal record does not occur, the defendant may file a motion to seal the criminal case at any time subsequent to the district attorney's notice through the filing of a written motion pursuant to subsection (1) of this section. The court shall not charge or assess the defendant any fees or costs associated with filing a motion pursuant to this subsection (1.5)(c).

(d) This section does not apply to records that are subject to the procedure set forth in section 18-13-122 (13).

(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.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2738, � 1, effective August 2. L. 2021: (2), (3), (4), and (5) added, (HB 21-1214), ch. 455, p. 3031, � 6, effective September 7. L. 2022: (1)(d) and (2)(b)(I)(B) amended and (6) added, (SB 22-099), ch. 276, p. 1990, � 11, effective August 10. L. 2024: (1.5) added, (HB 24-1133), ch. 384, p. 2619, � 3, effective July 1, 2025.

24-72-705. Sealing criminal justice records other than convictions - simplified process - applicability. (1) (a) On its own motion, the court shall order the defendant's criminal justice records sealed when:

(I) A case against a defendant is completely dismissed;

(II) The defendant is acquitted of all counts in the case;

(III) The defendant completes a diversion agreement pursuant to section 18-1.3-101 when a criminal case has been filed; or

(IV) The defendant completes a deferred judgment and sentence pursuant to section 18-1.3-102 and all counts are dismissed.

(a.5) The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1) at the time of disposition and shall serve the sealing order pursuant to section 24-72-703(8) no later than twenty-eight days after the date of disposition.

(b) If the court did not order the record sealing at the time of the dismissal or acquittal, the Colorado bureau of investigation shall automatically seal the record upon receipt of disposition in the case, unless the deferred judgment is ineligible for sealing pursuant to section 24-72-703 (12)(d).

(c) Motions filed pursuant to this section are procedural in nature, and sealing pursuant to this section applies retroactively for all eligible cases when the case has been completely dismissed or the defendant has been acquitted of all counts in a state or municipal criminal case.

(d) Notwithstanding subsection (1)(c) of this section, if the defendant is acquitted or if the case dismissed is a crime enumerated in section 24-4.1-302 (1), the court shall allow the district attorney the opportunity to inform the victim that the record will be sealed. If there is an objection by the victim, the district attorney shall notify the court and the court shall set a return date for the sealing motion no later than thirty-five days after receipt of the motion. If a return date is set, the defendant is not required to appear. If there is no objection within thirty-five days after the motion is filed, the court shall grant the motion.

(e) The provisions of section 24-72-703 (2)(b) and section 24-72-703 (5) apply to this section.

(f) This section does not apply to records that are subject to the procedure set forth in section 18-13-122 (13).

(g) Charges that are dismissed pursuant to section 16-8.5-116 are not eligible for sealing.

(2) If the automatic sealing of a criminal record does not occur, the defendant may make a motion to seal in the criminal case the record at any time subsequent to the dismissal or acquittal through the filing of a written motion. The defendant may make the motion without being charged fees or costs.

(3) Notwithstanding the provisions of any section to the contrary, when a defendant has a non-conviction record that is ineligible for sealing because the defendant was convicted of a traffic offense in the same case, the defendant may file a motion to seal the record through the procedures set forth in subsection (2) of this section.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2739, � 1, effective August 2. L. 2022: IP(1)(a), (1)(b), (1)(c), and (2) amended and (1)(a.5) added, (SB 22-099), ch. 276, p. 1991, � 12, effective August 10. L. 2024: (1)(d) amended and (1)(g) and (3) added, (HB 24-1133), ch. 384, p. 2619, � 4, effective July 1, 2025.

24-72-706. Sealing of criminal conviction and criminal justice records - processing fee - definition - repeal. (1) Sealing of conviction records. (a) Subject to the limitations described in subsection (2) of this section, a defendant may file a motion in the criminal case in the court in which any conviction records pertaining to the defendant are located for the sealing of the conviction records, except basic identification information, if the motion is filed within the time frame described in subsection (1)(b) of this section and proper notice is given to the district attorney.

(b) (I) If the offense is civil infraction, 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 proceedings against the defendant or the release of the defendant from supervision concerning a conviction.

(I.5) If the offense is a second or subsequent conviction for a violation of section 18-13-122 (3), the motion may be filed one year after the date of the second or subsequent conviction, and the court shall order that the motion be granted if the defendant has not been convicted of or is not currently charged with any felony, misdemeanor, or petty offense during the period of one year after the date of the defendant's conviction for a violation of section 18-13-122 (3).

(II) If the offense is a class 2 or class 3 misdemeanor, any drug misdemeanor, or a level 4 drug felony for a conviction pursuant to section 18-18-403.5 (2.5), the motion may be filed two 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.

(III) If the offense is a class 4, class 5, or class 6 felony, a level 3 or level 4 drug felony except a level 4 drug felony for a conviction pursuant to section 18-18-403.5 (2.5), or a class 1 misdemeanor, the motion 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.

(III.3) Notwithstanding subsection (1)(b)(I) of this section, if the offense is a first conviction for intentional misrepresentation of entitlement to an assistance animal as described in section 18-13-107.3 (1), the defendant may file a motion three years after the conviction and the court shall order the record sealed if the defendant does not have a subsequent conviction for intentional misrepresentation of entitlement to an assistance animal.

(III.5) If the offense is a first conviction for intentional misrepresentation of a service animal, as described in section 18-13-107.7 (1), the defendant may file a motion three years after the conviction, and the court shall order the record sealed if the defendant does not have a subsequent conviction for intentional misrepresentation of a service animal.

(IV) Subject to the limitations in subsection (2) of this section, for all other offenses, the petition may be filed five 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.

(c) A motion to seal conviction records pursuant to this section 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. The defendant shall submit a verified copy of the defendant's criminal history, current through at least the twentieth day before the date of the filing of the petition to the court, along with the motion at the time of filing, but in no event later than the tenth day after the motion is filed. The defendant shall pay for his or her criminal history record.

(d) Upon the filing of any motion pursuant to this section, the court shall initially review the motion and determine whether there are grounds pursuant to this section to proceed to a hearing on the motion. 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. If the court determines that the motion is sufficient on its face and that no other grounds exist at that time for the court to deny the motion pursuant to this section, the court shall proceed pursuant to the provisions of this section.

(e) Conviction records may not be sealed if the defendant still owes restitution, unless the court that entered the order for restitution vacated the order.

(f) (I) If a motion is filed for the sealing of a civil infraction, a petty offense, a petty drug offense, or, notwithstanding any provision of this part 7 to the contrary, an offense for the possession of marijuana, the court shall order that the records be sealed after the motion is filed and the criminal history filed with the court documents to the court that the defendant has not been convicted of an offense since the date of the final disposition of all proceedings against the defendant or since the date of the defendant's release from supervision, whichever is later.

(II) If a motion is filed for the sealing of a class 2 or class 3 misdemeanor or any drug misdemeanor, the defendant shall provide notice of the motion to the district attorney. The district attorney shall determine whether to object to the motion after considering the factors in subsection (1)(g) of this section. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court shall order that the records be sealed if the criminal history filed with the court documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The district attorney shall advise the court of a victim's objection and request for hearing when known. If the district attorney objects to the motion or the offense is a crime enumerated in section 24-4.1-302 (1) and the victim requests a hearing, the court shall set the matter for hearing. The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after considering the factors in subsection (1)(g) of this section.

(III) If a motion is filed for the sealing of a class 4, class 5, or class 6 felony, a level 3 or level 4 drug felony, or a class 1 misdemeanor, the defendant shall provide notice of the motion to the district attorney. The district attorney shall determine whether to object to the motion after considering the factors in subsection (1)(g) of this section. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may grant the motion with or without the benefit of a hearing. The district attorney shall advise the court of a victim's objection and request for hearing when known. If the district attorney objects to the motion or the offense is a crime enumerated in section 24-4.1-302 (1) and the victim requests a hearing, the court shall set the matter for hearing. The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after considering the position of the district attorney and the factors in subsection (1)(g) of this section.

(IV) If a motion is filed for any other offense, the defendant shall provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the motion after considering the factors in subsection (1)(g) of this section. The court shall set any motion filed for a hearing. The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after consideration of the position of the district attorney and the factors in subsection (1)(g) of this section.

(f.5) Repealed.

(g) At any hearing to determine whether records may be sealed, except for basic identification information, the court must determine 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. In making this determination, the court shall, at a minimum, consider the severity of the offense that is the basis of the conviction records sought to be sealed, the criminal history of the defendant, the number of convictions and dates of the convictions for which the defendant is seeking to have the records sealed, and the need for the government agency to retain the records.

(h) A defendant who files a motion to seal criminal justice records pursuant to this section shall pay a processing fee of sixty-five dollars to cover the actual costs related to the sealing of the criminal justice records. The court shall waive the processing fee upon a determination that:

(I) The defendant is indigent;

(II) The defendant's records should have been automatically sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705; or

(III) The defendant filed a motion to seal pursuant to subsection (1)(f.5) of this section.

(i) The court shall determine eligibility of a drug offense committed before October 1, 2013, by the classification of the offense at the time of considering the record sealing, including, but not limited to, section 18-18-106 (8)(a)(II)(B), as it existed prior to July 1, 1992; or section 18-18-406 (8)(a)(II)(B), as it existed prior to August 11, 2010; or section 18-18-406 (6)(a)(II)(B), as it existed prior to October 1, 2013.

(2) (a) The provisions of this section do not apply to records pertaining to:

(I) A class 1 or class 2 misdemeanor traffic offense;

(II) A class A or class B traffic infraction;

(III) A conviction for a violation of section 42-4-1301 (1) or (2);

(IV) A conviction for an offense for which the underlying factual basis involved unlawful sexual behavior as defined in section 16-22-102 (9);

(V) A conviction for a violation of section 18-6-401; or

(VI) A conviction that is subject to one or more of the following provisions:

(A) Sentences for a crime involving extraordinary aggravating circumstances pursuant to section 18-1.3-401 (8);

(B) A sentence for an extraordinary risk crime pursuant to section 18-1.3-401 (10);

(D) Sentencing for a crime pertaining to a special offender pursuant to section 18-18-407;

(E) Sentencing for a criminal conviction for which the underlying factual basis involves domestic violence as defined in section 18-6-800.3;

(F) Sentencing for a criminal conviction for a sexual offense, pursuant to part 4 of article 3 of title 18;

(G) Sentencing for any crime of violence pursuant to section 18-1.3-406;

(H) Sentencing for a felony crime enumerated in section 24-4.1-302 (1);

(I) Sentencing for a felony offense in violation of section 18-9-202;

(J) Sentencing for an offense classified as a class 1, 2, or 3 felony or a level 1 drug felony pursuant to any section of title 18; except a class 3 felony in violation of section 18-18-106 (8)(a)(II)(B) as it existed prior to July 1, 1992; a class 3 felony in violation of section 18-18-406 (8)(a)(II)(B) as it existed prior to August 11, 2010; or a class 3 felony in violation of section 18-18-406 (6)(a)(II)(B) as it existed prior to October 1, 2013;

(K) Sentencing for an offense in violation of part 1 of article 6 of title 18;

(L) Sentencing for an offense in violation of section 18-5-902 (1);

(M) Sentencing for an offense in violation of section 18-3.5-103 (4), (5), (6), (7), (8), and (9); or

(N) Sentencing for an offense in violation of section 18-7-203.

(b) Notwithstanding the provisions of this section, a misdemeanor or petty offense ineligible pursuant to this section or subsection (2)(a) of this section is eligible for sealing pursuant to this section if the district attorney consents to the sealing or if the court finds, by clear and convincing evidence, that the petitioner's need for sealing of the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect or inform the public.

(3) Applicability. Motions filed pursuant to this section are procedural in nature, and sealing pursuant to this section applies retroactively to all eligible cases.

(4) (a) If a court ordered a person's criminal justice records sealed pursuant to this part 7 and the Colorado bureau of investigation has not sealed the person's criminal justice records in its custody on or before August 7, 2024, the bureau shall waive the record sealing costs assessed by the bureau. If the records are not sealed solely because the person has failed to pay the record sealing costs assessed by the bureau, after waiving the costs, the bureau shall seal the person's records. On or before June 30, 2026, the bureau shall waive the record sealing costs assessed by the bureau and, if applicable, seal a person's records as required by this subsection (4).

(b) As used in this subsection (4), record sealing costs assessed by the bureau means the costs assessed to a person by the Colorado bureau of investigation related to sealing the person's criminal justice records that are in the bureau's custody, as was required in subsection (1)(h) of this section as it existed prior to its amendment in 2024 by House Bill 24-1432.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2741, � 1, effective August 2. L. 2021: (1)(f)(I) and (2)(a)(VI)(J) amended, (HB 21-1090), ch. 157, p. 902, � 6, effective May 20. L. 2022: (1)(b)(II) and (1)(b)(III) amended, (HB 22-1326), ch. 225, p. 1652, � 32, effective July 1; (1)(b)(I), (1)(e), (1)(f)(I), and (1)(h) amended, (1)(b)(I.5), (1)(b)(III.3), (1)(b)(III.5), and (1)(i) added, and (2)(c) repealed, (SB 22-099), ch. 276, p. 1992, � 13, effective August 10. L. 2023: (1)(f.5) added and (1)(h) amended, (SB 23-290), ch. 249, p. 1421, � 38, effective July 1. L. 2024: IP(1)(h) amended and (4) added, (HB 24-1432), ch. 176, p. 956, � 1, effective August 7; (1)(f.5)(IV) added by revision, (HB 24-1133), ch. 384, pp. 2620, 2622, �� 5, 10; (1)(i) and (2)(b) amended, (HB 24-1133), ch. 384, p. 2620, � 5, effective July 1, 2025.

Editor's note: (1) Subsection (1)(f.5) was similar to former � 12-170-109 (9) as it existed prior to 2023.

(2) Subsection (1)(f.5)(IV) provided for the repeal of subsection (1)(f.5), effective July 1, 2025. (See L. 2024, p. 2620.)

Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to � 2-2-1201 scheduled in 2025, see �� 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.

24-72-707. Sealing of criminal conviction records information for offenses committed by victims of human trafficking. (1) Sealing of conviction records. At any time after conviction, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any misdemeanor offense or municipal code or ordinance violation, excluding any offense of a crime as defined in section 24-4.1-302 (1).

(1.5) A person charged with or convicted of prostitution, as described in section 18-7-201, or any corresponding municipal code or ordinance, which offense was committed as a direct result of being a victim of human trafficking, as defined in section 18-7-201.3 (4) , may file a motion with the court for a sealing of the person's records.

(2) A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee.

(3) The court shall order the records sealed after:

(a) The petition is filed; and

(b) The defendant establishes by a preponderance of the evidence that, at the time the defendant committed the offense, the defendant had been trafficked by another person, as described in section 18-3-503 or 18-3-504, for the purpose of performing the offense. Official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim of human trafficking at the time of the offense creates a presumption that the defendant's participation in the offense was the direct result of being a victim of human trafficking.

Source: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2745, � 1, effective August 2. L. 2022: (1.5) added and (3)(b) amended, (SB 22-099), ch. 276, p. 1993, � 14, effective August 10.

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) (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: L. 2019: Entire part R&RE, (HB 19-1275), ch. 295, p. 2745, � 1, effective August 2. L. 2022: Entire section R&RE, (SB 22-099), ch. 276, p. 1993, � 15, effective August 10.

24-72-709. Sealing of criminal conviction records information for multiple conviction records. (1) (a) Subject to subsection (5) of this section, a defendant with multiple conviction records in the state may motion the court of the jurisdiction where the conviction record or records pertaining to the defendant are located for the sealing of the conviction records, except basic identifying information, if the record or records are not eligible for sealing pursuant to any other section in this part 7 because of an intervening conviction and if the motion is filed within the time frame described in subsection (2) of this section and proper notice is given to the district attorney. If the multiple conviction records are in different jurisdictions, the defendant shall file a motion in each jurisdiction with a conviction record that includes a copy of each motion filed in the other jurisdictions and provide notice of the motion to each district attorney. If the conviction records are in the same jurisdiction, the defendant may file a motion to seal all conviction records in a single case, and the defendant shall identify the other conviction records by case name and number in the motion.

(b) A motion to seal conviction records pursuant to this section must 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. The defendant shall submit a verified copy of their criminal history, current through at least the twentieth day before the date of the filing of the petition to the court, along with the motion at the time of filing, but in no event later than the tenth day after the motion is filed. The defendant shall pay for his or her criminal history record.

(2) (a) If the offense or highest offense of the multiple offenses is an eligible civil infraction and not an offense or civil infraction listed in subsection (5)(a) of this section, eligible petty offense, or eligible petty drug offense, the petition may be filed two years after the later of the date of the final disposition of all proceedings against the defendant or the release of the defendant from supervision concerning the conviction, or the latest in time conviction of the multiple convictions.

(b) If the offense or highest offense of the multiple offenses is an eligible misdemeanor or eligible misdemeanor drug offense, or eligible level 4 drug felony, the petition may be filed five 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 the conviction, or the latest in time criminal conviction of the multiple convictions.

(c) If the offense or highest offense of the multiple offenses is an eligible felony or eligible drug felony, the petition may be filed ten 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 the conviction, or the latest in time criminal conviction of the multiple convictions.

(3) (a) If the offense or highest offense of the multiple offenses is an eligible petty offense or eligible petty drug offense, the petition may be filed only if the defendant has no more than five convictions in separate criminal cases.

(b) If the offense or highest offense of the multiple offenses is an eligible class 2 or eligible class 3 misdemeanor or eligible level 1 or eligible level 2 misdemeanor drug offense, the petition may be filed only if the defendant has no more than four previous convictions in separate criminal cases.

(c) If the offense or highest offense of the multiple offenses is an eligible class 1 misdemeanor, an eligible class 4, eligible class 5, or eligible class 6 felony, or an eligible drug felony, the petition may be filed only if the defendant has no more than three previous convictions in separate criminal cases.

(4) (a) The defendant shall pay the processing fee to the court and provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-706 (1)(g). The district attorney shall advise the court of a victim's objection and request for hearing when known. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition or the offense is a crime enumerated in section 24-4.1-302 (1) and the district attorney requests a hearing on behalf of a victim, the court shall set the matter for hearing. To order the record sealed, the criminal history filed with the petition must document to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-706 (1)(g).

(b) Conviction records may not be sealed if the defendant still owes restitution, unless the court that entered the order for restitution has vacated the order.

(5) (a) The provisions of this section do not apply to records pertaining to: