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 16-8.5-109 (4), 16-8.5-113, or 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.