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First Regular SessionSeventy-third General AssemblySTATE OF COLORADOREENGROSSEDThis Version Includes All AmendmentsAdopted in the House of IntroductionHOUSE BILL 21-1214LLS NO. 21-0503.02 Michael Dohr x4347HOUSE SPONSORSHIPWeissman and Bacon, Amabile, Benavidez, Bernett, Boesenecker, Caraveo, Duran, Esgar,Exum, Garnett, Gonzales-Gutierrez, Hooton, Jackson, Jodeh, Kennedy, Kipp, Lontine,McCluskie, Ortiz, Sirota, Snyder, Tipper, WoodrowSENATE SPONSORSHIPColeman and Lee,House CommitteesSenate CommitteesJudiciaryFinanceAppropriationsA BILL FOR AN ACT101CONCERNING INCREASED ELIGIBILITY FOR PROCEDURES TO REDUCE102COLLATERAL SANCTIONS EXPERIENCED BY DEFENDANTS, AND,103IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.Under current law, adults and juveniles can file motions for relieffrom collateral consequences. The bill states that a motion can be filedrelated to convictions retroactively.The bill allows the state public defender and the office of alternatedefense counsel to seek and accept gifts, grants, and donations for theShading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters or bold & italic numbers indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute.HOUSEAmended 2nd ReadingMay 10, 2021(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://leg.colorado.gov.)HOUSEAmended 3rd ReadingMay 11, 2021Bill Summary
purposes of representing defendants in record sealing proceedings.The bill creates an automatic sealing process for arrest recordswhen no criminal charges are filed. For arrest records on or after January1, 2022, the Colorado bureau of investigation (CBI) shall seal arrestrecords in its custody and control after a year has passed without the filingof criminal charges. For arrest records before January 1, 2022, CBI shallseal arrest records for:!Felonies with a 3-year statute of limitations if 3 years haspassed since the date of arrest without the filing of charges;and!Misdemeanors, traffic misdemeanors, petty offenses, ormunicipal violations with an 18-month statute oflimitations or less if 18 months has passed since the date ofarrest without the filing of charges.Felony arrest records with a statute of limitations of longer than 3years or with no statute of limitation are not eligible for automatic sealing.Under current law misdemeanor offenses ineligible for sealing areeligible 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 ofthe record is significant and substantial, the passage of time is such thatthe petitioner is no longer a threat to public safety, and the publicdisclosure of the record is no longer necessary to protect or inform thepublic. The bill adds drug level 1 felonies, class 4, class 5, or class 6felonies, or unclassified felonies that are not a crimes of violence to thoseoffenses eligible.The bill creates a process for a person with multiple convictionrecords that are eligible for sealing due to an intervening conviction topetition the court in a civil proceeding to have the records sealed. Thedistrict attorney has an opportunity to object, and if the district attorneyobjects, the court sets the matter for hearing to determine whether to sealthe records.The bill allows a person who receives a full pardon to have his orher conviction record sealed.The bill creates a process to automatically seal drug convictions.The state court administrator (administrator) shall compile a list of drugconvictions that are eligible for sealing under current law, and:!If the drug conviction is for a petty offense ormisdemeanor, that 7 years have past since the dispositionof the case; or!If the drug conviction is for a felony, that at least 10 yearshave past since the disposition of the case.After the administrator compiles the list, the administrator shallsend the list to the Colorado bureau of investigation (bureau) for reviewand the bureau shall remove any convictions in which the identity of thedefendant is unverifiable or convictions in the which defendant had-2-1214
another conviction during the waiting period. The bureau shall send itslist to each district attorney in the state. The district attorney shall removeany convictions in which a condition of a plea was that the defendantagreed to not have the case sealed and convictions in which the defendanthas pending criminal charges. Each district attorney shall send itsamended list to the administrator. The administrator shall compile eachof the lists into one list and sort the convictions by judicial district.If the chief judge of a judicial district authorizes the administratorto issue sealing orders, the administrator shall issue sealing orders basedon the list received from the district attorneys. If the chief judge of ajudicial district does not authorize the administrator to issue sealingorders, the district attorney shall send the list to the chief judge for thejudicial district and the courts of that judicial district shall enter sealingorders based on the list received.The administrator shall develop a website that allows defendantsto confidentially determine whether his or her conviction has been sealedand information about how to receive a copy of the sealing order.1Be it enacted by the General Assembly of the State of Colorado:23SECTION 1. In Colorado Revised Statutes, 18-1.3-107, add (9)as follows:418-1.3-107. Conviction - collateral relief - applicability -5definitions. (9) THE PROVISIONS OF THIS SECTION APPLY TO CONVICTIONS6ENTERED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION7(9).8910SECTION 2. In Colorado Revised Statutes, 19-2-927, add (9) asfollows:19-2-927. Adjudication - collateral relief - applicability -11definitions. (9)12ADJUDICATIONS ENTERED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF13THIS SUBSECTION (9).141516THEPROVISIONS OF THIS SECTION APPLY TOSECTION 3. In Colorado Revised Statutes, add 21-1-107 asfollows:21-1-107. State public defender - gifts, grants, and donations-3-1214
1for record sealing - sealing defense fund - created. (1) THE STATE2PUBLIC DEFENDER MAY APPLY FOR GRANTS AND ACCEPTS GIFTS OR3DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF4REPRESENTING INDIGENT CLIENTS IN MATTERS PURSUANT TO PART5ARTICLE 72 OF TITLE 24 WHEN SUCH ACTION IS IN ACCORDANCE WITH THE6COLORADO RULES OF PROFESSIONAL CONDUCT AND THE AMERICAN BAR7ASSOCIATION STANDARDS RELATING TO CRIMINAL JUSTICE FOR THE8DEFENSE FUNCTION. THE STATE PUBLIC DEFENDER SHALL NOT ACCEPT A9GIFT, GRANT, OR DONATION IF THE GIFT, GRANT, OR DONATION IS10CONDITIONED ON ITS USE FOR SEALING RECORDS FOR A SPECIFIC11IDENTIFIED INDIVIDUAL OR INDIVIDUALS.12SHALL TRANSMIT ALL MONEY RECEIVED THROUGH GIFTS, GRANTS, OR13DONATIONS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY TO14THE SEALING DEFENSE FUND CREATED IN SUBSECTION (2) OF THIS SECTION.15(2) (a)THE7 OFTHE STATE PUBLIC DEFENDERSEALING DEFENSE FUND REFERRED TO IN THIS16SUBSECTION (2) AS THE "FUND" IS CREATED IN THE STATE TREASURY. THE17FUND CONSISTS OF GIFTS, GRANTS, AND DONATIONS CREDITED TO THE18FUND PURSUANT TO SUBSECTION1921-2-109 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY20APPROPRIATE OR TRANSFER TO THE FUND.21(b) THE(1)OF THIS SECTION AND SECTIONSTATE TREASURER SHALL CREDIT ALL INTEREST AND22INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE23FUND TO THE FUND.24(c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE25STATE PUBLIC DEFENDER AND THE OFFICE OF ALTERNATE DEFENSE26COUNSEL FOR THE PURPOSE OF REPRESENTING INDIGENT CLIENTS IN27MATTERS PURSUANT TO PART 7 OF ARTICLE 72 OF TITLE 24.-4-1214
1(3) THE STATE PUBLIC DEFENDER SHALL ANNUALLY REPORT ON2THE RECEIPT AND EXPENDITURE OF GIFTS, GRANTS, AND DONATIONS3PURSUANT TO SUBSECTION (1) OF THIS SECTION AT ITS PRESENTATION TO4ITS COMMITTEE OF REFERENCE AT A HEARING HELD PURSUANT TO SECTION52-7-203 (2)(a)6RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT.789OF THE"STATE MEASUREMENTFORACCOUNTABLE,SECTION 4. In Colorado Revised Statutes, add 21-2-109 asfollows:21-2-109. Office of alternate defense counsel - gifts, grants,10and donations for record sealing. (1) THE11DEFENSE COUNSEL MAY APPLY FOR GRANTS AND ACCEPTS GIFTS OR12DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSE OF13REPRESENTING INDIGENT CLIENTS IN MATTERS PURSUANT TO PART14ARTICLE 72 OF TITLE 24 WHEN SUCH ACTION IS IN ACCORDANCE WITH THE15COLORADO RULES OF PROFESSIONAL CONDUCT AND THE AMERICAN BAR16ASSOCIATION STANDARDS RELATING TO CRIMINAL JUSTICE FOR THE17DEFENSE FUNCTION. THE OFFICE OF ALTERNATE DEFENSE COUNSEL SHALL18NOT ACCEPT A GIFT, GRANT, OR DONATION IF THE GIFT, GRANT, OR19DONATION IS CONDITIONED ON ITS USE FOR SEALING RECORDS FOR A20SPECIFIC IDENTIFIED INDIVIDUAL OR INDIVIDUALS.21ALTERNATE DEFENSE COUNSEL SHALL TRANSMIT ALL MONEY RECEIVED22THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER WHO23SHALL CREDIT THE MONEY TO THE SEALING DEFENSE FUND CREATED IN24SECTION 21-1-107.25(2)THEOFFICE OF ALTERNATETHE7 OFOFFICE OFOFFICE OF ALTERNATE DEFENSE COUNSEL SHALL26ANNUALLY REPORT ON THE RECEIPT AND EXPENDITURE OF GIFTS, GRANTS,27AND DONATIONS PURSUANT TO SUBSECTION-5-(1) OF THIS SECTION AT ITS1214
1PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A HEARING HELD2PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE MEASUREMENT FOR3A CCOUNTABLE , R ESPONSIVE ,4GOVERNMENT ACT.56ANDT RANSPARENT (SMART)SECTION 5. In Colorado Revised Statutes, 24-72-703, amend(1) as follows:724-72-703. Sealing of arrest and criminal records - general8provisions - order applicability - discovery and advisements.9(1) Applicability. The provisions of this section shall apply to the10sealing of arrest and criminal records pursuant to sections 24-72-704 to1124-72-709 24-72-710.SECTION 6. In Colorado Revised Statutes, 24-72-704, add (2),1213(3), (4), and (5) as follows:1424-72-704. Sealing of arrest records when no charges filed -15automatic sealing. (2) (a) FOR ARRESTS ON OR AFTER JANUARY 1, 2022,16THE17PUBLIC SAFETY SHALL AUTOMATICALLY SEAL AN ARREST RECORD THAT IS18IN ITS CUSTODY AND CONTROL OF A PERSON WHEN NO CRIMINAL CHARGES19HAVE BEEN FILED WITHIN ONE YEAR OF THE DATE OF THE PERSON'S20ARREST. IF THE COLORADO BUREAU OF INVESTIGATION DOES NOT RECEIVE21DOCUMENTATION OF THE FILING OF CRIMINAL CHARGES MATCHING ARREST22RECORDS IN ITS CUSTODY AND CONTROL FROM A COURT OR ANOTHER23STATE OR LOCAL AGENCY OR OFFICE WITHIN ONE YEAR OF THE DATE OF24ARREST, THE BUREAU SHALL SEAL THE ARREST RECORDS. THE COLORADO25BUREAU OF INVESTIGATION IS NOT REQUIRED TO CONDUCT ANY26INDEPENDENT INVESTIGATION OF WHETHER CRIMINAL CHARGES HAVE27BEEN FILED AND IS NOT REQUIRED TO SEAL ANY ARREST RECORDS NOT INCOLORADOBUREAU OF INVESTIGATION IN THE DEPARTMENT OF-6-1214
1ITS CUSTODY AND CONTROL. AN ARREST RECORD ELIGIBLE FOR SEALING2PURSUANT TO THIS SUBSECTION3DAYS AFTER THE YEAR HAS PASSED SINCE THE PERSON'S ARREST DATE. IF4THE5CHARGES AFTER IT SEALED THE RECORD, THE BUREAU SHALL6IMMEDIATELY UNSEAL THE RECORD.(2)(a)MUST BE SEALED WITHIN SIXTYCOLORADO BUREAU OF INVESTIGATION RECEIVES NOTICE OF FILED7(b) (I) FOR ARRESTS WITHOUT A CONVICTION AFTER JANUARY 1,82019,9INVESTIGATION SHALL AUTOMATICALLY SEAL AN ARREST RECORD THAT10IS IN ITS CUSTODY AND CONTROL OF A PERSON WHEN NO CRIMINAL11CHARGES HAVE BEEN FILED:12(A) WITHINJANUARY 1, 2022,BUT BEFORETHECOLORADOBUREAU OFTHREE YEARS AFTER THE DATE OF ARREST FOR A13FELONY OFFENSE FOR WHICH THE STATUTE OF LIMITATIONS IS THREE14YEARS; OR15(B) WITHIN EIGHTEEN MONTHS AFTER THE DATE OF ARREST FOR16A MISDEMEANOR OFFENSE, A MISDEMEANOR TRAFFIC OFFENSE, A PETTY17OFFENSE, A MUNICIPAL ORDINANCE VIOLATION FOR WHICH THE STATUTE18OF LIMITATIONS IS EIGHTEEN MONTHS OR LESS, OR IF THERE IS NO19INDICATION OF THE CLASSIFICATION OF THE CRIME IN THE ARREST DATA.20(II) IFTHECOLORADOBUREAU OF INVESTIGATION DOES NOT21RECEIVE DOCUMENTATION FROM A COURT OR ANOTHER STATE OR LOCAL22AGENCY OR OFFICE THAT CRIMINAL CHARGES HAVE BEEN FILED WITHIN23THE TIME PERIODS PROVIDED IN SUBSECTION24THE BUREAU SHALL SEAL THE ARREST RECORDS IN ITS CUSTODY AND25CONTROL. THE COLORADO BUREAU OF INVESTIGATION IS NOT REQUIRED26TO CONDUCT ANY INDEPENDENT INVESTIGATION OF WHETHER CRIMINAL27CHARGES HAVE BEEN FILED AND IS NOT REQUIRED TO SEAL ANY ARREST-7-(2)(b)(I) OF THIS SECTION,1214
1RECORDS NOT IN ITS CUSTODY AND CONTROL. IF THE COLORADO BUREAU2OF INVESTIGATION RECEIVES NOTICE OF FILED CHARGES AFTER IT SEALED3THE RECORD, THE BUREAU SHALL IMMEDIATELY UNSEAL THE RECORD.4(III) THIS SUBSECTION (2)(b) ONLY APPLIES TO CRIMINAL ARREST5RECORDS THAT THE COLORADO BUREAU OF INVESTIGATION HAS CUSTODY6AND CONTROL OVER IN AN ELECTRONIC FORMAT.7(IV) (A) FOR ARREST RECORDS WITH NO CONVICTION THAT ARE8FROM 2013 TO 2018, THE COLORADO BUREAU OF INVESTIGATION SHALL9SEAL THE RECORDS BY JANUARY 1, 2023.10(B) FOR ARREST RECORDS WITH NO CONVICTION THAT ARE FROM112008 TO 2012, THE COLORADO BUREAU OF INVESTIGATION SHALL SEAL12THE RECORDS BY JANUARY 1, 2024.13(C) FOR ARREST RECORDS WITH NO CONVICTION THAT ARE FROM142003 TO 2007, THE COLORADO BUREAU OF INVESTIGATION SHALL SEAL15THE RECORDS BY JANUARY 1, 2025.16(D) FOR ARREST RECORDS WITH NO CONVICTION THAT ARE FROM171997 TO 2002, THE COLORADO BUREAU OF INVESTIGATION SHALL SEAL18THE RECORDS BY JANUARY 1, 2026.19(E) FOR ANY OTHER ARREST RECORDS WITH NO CONVICTION, THE20COLORADO21JANUARY 1, 2027.BUREAU OF INVESTIGATION SHALL SEAL THE RECORDS BY22(V) ARREST RECORDS FOR A FELONY OFFENSE WITH A STATUTE OF23LIMITATIONS OF MORE THAN THREE YEARS OR WITH NO STATUTE OF24LIMITATIONS PURSUANT TO SECTION25SEALING UNDER THIS SUBSECTION (2).26(3) NOTWITHSTANDING2716-5-401SUBSECTIONARE NOT ELIGIBLE FOR(2)OF THIS SECTION, THECOLORADO BUREAU OF INVESTIGATION SHALL DEVELOP A PROCESS TO-8-1214
1ALLOW AN APPROVED TREATMENT PROVIDER PROVIDING TREATMENT2PURSUANT TO SECTION3SEALED ARREST RECORDS.4RECORDS ACCESSED PURSUANT TO THIS SUBSECTION (3) FOR ANY OTHER5PURPOSE.67(4) THE16-11.7-103 (4) OR 16-11.8-103 (4) ACCESS TOATREATMENT PROVIDER SHALL NOT USEPROVISIONS OF SECTION24-72-703 (2)APPLY TO ANARREST RECORD SEALED PURSUANT TO THIS SECTION.89(5) SEALING OF ARREST RECORDS UNDER THIS SECTION DOES NOT10IMPAIR THE ABILITY OF THE DEPARTMENT OF EDUCATION TO ACCESS AND11USE SEALED RECORDS IN CONNECTION WITH BACKGROUND CHECKS,12INVESTIGATIONS, AND DISCIPLINARY ACTIONS CONDUCTED UNDER ARTICLE1360.5 OF TITLE 22.1415SECTION 7. In Colorado Revised Statutes, add 24-72-709 and24-72-710 as follows:1624-72-709. Sealing of criminal conviction records information17for multiple conviction records. (1) (a) SUBJECT TO THE PROVISIONS OF18SUBSECTION19CONVICTION RECORDS IN THE STATE MAY PETITION THE20JURISDICTION WHERE THE CONVICTION RECORD OR RECORDS PERTAINING21TO THE DEFENDANT ARE LOCATED FOR THE SEALING OF THE CONVICTION22RECORDS, EXCEPT BASIC IDENTIFYING INFORMATION, IF THE RECORD OR23RECORDS ARE NOT ELIGIBLE FOR SEALING PURSUANT TO ANY OTHER24SECTION IN THIS PART 7 BECAUSE OF AN INTERVENING CONVICTION AND IF25THE PETITION IS FILED WITHIN THE TIME FRAME DESCRIBED IN SUBSECTION26(2)27ATTORNEY. IF THE MULTIPLE CONVICTION RECORDS ARE IN DIFFERENT(5)OF THIS SECTION, A DEFENDANT WITH MULTIPLECOURT OF THEOF THIS SECTION AND PROPER NOTICE IS GIVEN TO THE DISTRICT-9-1214
1JURISDICTIONS, THE DEFENDANT SHALL FILE A PETITION IN EACH2JURISDICTION WITH A CONVICTION RECORD THAT INCLUDES A COPY OF3EACH PETITION FILED IN THE OTHER JURISDICTIONS AND PROVIDE NOTICE4OF THE PETITION TO EACH DISTRICT ATTORNEY.5(b) A MOTION TO SEAL CONVICTION RECORDS PURSUANT TO THIS6SECTION MUST INCLUDE A LISTING OF EACH CUSTODIAN OF THE RECORDS7TO WHOM THE SEALING ORDER IS DIRECTED AND ANY INFORMATION THAT8ACCURATELY AND COMPLETELY IDENTIFIES THE RECORDS TO BE SEALED.9THEDEFENDANT SHALL SUBMIT A VERIFIED COPY OF THEIR CRIMINAL10HISTORY, CURRENT THROUGH AT LEAST THE TWENTIETH DAY BEFORE THE11DATE OF THE FILING OF THE PETITION TO THE COURT, ALONG WITH THE12MOTION AT THE TIME OF FILING, BUT IN NO EVENT LATER THAN THE TENTH13DAY AFTER THE MOTION IS FILED. THE DEFENDANT SHALL PAY FOR HIS OR14HER CRIMINAL HISTORY RECORD.15(2) (a) IF THE OFFENSE OR HIGHEST OFFENSE OF THE MULTIPLE16OFFENSES IS AN ELIGIBLE PETTY OFFENSE OR ELIGIBLE PETTY DRUG17OFFENSE, THE PETITION MAY BE FILED TWO YEARS AFTER THE LATER OF18THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS19AGAINST THE DEFENDANT OR THE RELEASE OF THE DEFENDANT FROM20SUPERVISION CONCERNING THE CONVICTION, OR THE LATEST IN TIME21CRIMINAL CONVICTION OF THE MULTIPLE CONVICTIONS.22(b) IFTHE OFFENSE OR HIGHEST OFFENSE OF THE MULTIPLE23OFFENSES IS AN ELIGIBLE MISDEMEANOR OR ELIGIBLE MISDEMEANOR DRUG24OFFENSE, OR ELIGIBLE LEVEL 4 DRUG FELONY, THE PETITION MAY BE FILED25FIVE YEARS AFTER THE LATER OF THE DATE OF THE FINAL DISPOSITION OF26ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE27OF THE DEFENDANT FROM SUPERVISION CONCERNING THE CONVICTION, OR-10-1214
1THE LATEST IN TIME CRIMINAL CONVICTION OF THE MULTIPLE2CONVICTIONS.3(c) IFTHE OFFENSE OR HIGHEST OFFENSE OF THE MULTIPLE4OFFENSES IS AN ELIGIBLE FELONY OR ELIGIBLE DRUG FELONY, THE5PETITION MAY BE FILED TEN YEARS AFTER THE LATER OF THE DATE OF THE6FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE7DEFENDANT OR THE RELEASE OF THE DEFENDANT FROM SUPERVISION8CONCERNING THE CONVICTION, OR THE LATEST IN TIME CRIMINAL9CONVICTION OF THE MULTIPLE CONVICTIONS.1011(3) (a) IF THEOFFENSE OR HIGHEST OFFENSE OF THE MULTIPLE12OFFENSES IS AN ELIGIBLE PETTY OFFENSE OR ELIGIBLE PETTY DRUG13OFFENSE, THE PETITION MAY BE FILED ONLY IF THE DEFENDANT HAS NO14MORE THAN FIVE CONVICTIONS IN SEPARATE CRIMINAL CASES.15(b) IFTHE OFFENSE OR HIGHEST OFFENSE OF THE MULTIPLE16OFFENSES IS AN ELIGIBLE CLASS 2 OR ELIGIBLE CLASS 3 MISDEMEANOR OR17ELIGIBLE LEVEL 1 OR ELIGIBLE LEVEL 2 MISDEMEANOR DRUG OFFENSE, THE18PETITION MAY BE FILED ONLY IF THE DEFENDANT HAS NO MORE THAN FOUR19PREVIOUS CONVICTIONS IN SEPARATE CRIMINAL CASES.20(c) IFTHE OFFENSE OR HIGHEST OFFENSE OF THE MULTIPLE21OFFENSES IS AN ELIGIBLE CLASS 1 MISDEMEANOR, AN ELIGIBLE CLASS 4,22ELIGIBLE CLASS23FELONY, THE PETITION MAY BE FILED ONLY IF THE DEFENDANT HAS NO24MORE THAN THREE PREVIOUS CONVICTIONS IN SEPARATE CRIMINAL CASES.5, OR ELIGIBLE CLASS 6 FELONY, OR AN ELIGIBLE DRUG2526(4) (a) THE DEFENDANT SHALL PAY THE PROCESSING FEE TO THE27COURT AND PROVIDE NOTICE OF THE PETITION TO THE DISTRICT ATTORNEY.-11-1214
1THE DISTRICT ATTORNEY SHALL DETERMINE WHETHER TO OBJECT TO THE2PETITION AFTER CONSIDERING THE FACTORS IN SECTION 24-72-706 (1)(g).3THE4OBJECTION AND REQUEST FOR HEARING WHEN KNOWN. IF THE DISTRICT5ATTORNEY DOES NOT OBJECT AND THE OFFENSE IS NOT A CRIME6ENUMERATED IN SECTION7PETITION WITH OR WITHOUT THE BENEFIT OF A HEARING. IF THE DISTRICT8ATTORNEY OBJECTS TO THE PETITION OR THE OFFENSE IS A CRIME9ENUMERATED IN SECTIONDISTRICT ATTORNEY SHALL ADVISE THE COURT OF A VICTIM'S24-4.1-302 (1), THE COURT MAY DECIDE THE24-4.1-302 (1) AND THE DISTRICT ATTORNEY10REQUESTS A HEARING ON BEHALF OF A VICTIM, THE COURT SHALL SET THE11MATTER FOR HEARING.12HISTORY FILED WITH THE PETITION MUST DOCUMENT TO THE COURT THAT13THE DEFENDANT HAS NOT BEEN CONVICTED OF A CRIMINAL OFFENSE SINCE14THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS15AGAINST HIM OR HER OR SINCE THE DATE OF THE DEFENDANT'S RELEASE16FROM SUPERVISION, WHICHEVER IS LATER. THE COURT SHALL DECIDE THE17PETITION AFTER CONSIDERING THE FACTORS IN SECTION 24-72-706 (1)(g).18(b) CONVICTION RECORDS MAY NOT BE SEALED IF THE DEFENDANT19STILL OWES RESTITUTION, FINES, COURT COSTS, LATE FEES, OR OTHER FEES20ORDERED BY THE COURT IN THE CASE THAT IS THE SUBJECT OF THE21PETITION TO SEAL CONVICTION RECORDS, UNLESS THE COURT THAT22ENTERED THE ORDER FOR RESTITUTION, FINES, COURT COSTS, LATE FEES,23OR OTHER FEES HAS VACATED THE O
21 alternate defense counsel shall transmit all money received 22 through gifts, grants, or donations to the state treasurer who 23 shall credit the money to the sealing defense fund created in 24 section 21-1-107.
