(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.
(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.