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Please contact an attorney if you have questions pertaining to drug convictions before July 1, 2013. Please also note, that a petition to seal a drug offense prior to July 1, 2013 also carries an additional $200 filing fee in addition to the usual $224 filing fee.

a.       For petty and misdemeanor drug offenses, a petition may be filed after one year from final disposition or release from supervision, whichever is later. For other petty offenses and class 2 and 3 misdemeanors (M2 and M3’s) after three years from final disposition or release from supervision, whichever is later. For class one misdemeanors (M1’s) – after five years from final disposition or release from supervision, whichever is later

1.       If petition to seal is for a petty drug offense (article 18 of title 18), the Court shall order the record sealed assuming petition is filed properly, the filing fee is paid and the criminal history filed with petition documents that the petitioner has not been charged or convicted for another criminal offense since the date of final disposition or since release from supervision, whichever is later.

2.       If petition to seal is for a class 1, 2 or 3 misdemeanor drug offense, you must provide notice of the petition to the District Attorney and pay the appropriate filing fee. If the DA objects, the Court shall set a hearing and determine if the records should be sealed based upon the factors in §24-72-308.5. If the DA does not object, the Court shall order the records sealed.

b.      For class five or six felonies (F5 and F6’s) (this covers class 5 or 6 felony drug possession offenses described §18-18-403.5 as it existed prior to October 1, 2013, section 18-18-404, or section 18-18-405 as it existed prior to August 11, 2010) the petition may be filed seven years from final disposition or release from supervision, whichever is later. For all other (felony) offenses in article 18 of title 18, the petition to seal may be filed 10 years after from final disposition or release from supervision, whichever is later.

1.       If petition to seal is for a class 5 or 6 felony drug offense, you must provide notice of the petition to the District Attorney and pay the appropriate filing fee. If the DA objects, the Court shall set a hearing and determine if the records should be sealed based upon the factors in Colorado Revised Statute §24-72-308.5. If the DA does not object, the Court can decide the petition with or without a hearing.

c.       If petition to seal is for any other offense in article 18 of title 18, you must provide notice of the petition to the District Attorney and pay the appropriate filing fee. If the DA objects, the Court shall dismiss the petition. If the DA does not object, the Court shall set the petition for a hearing and will determine if the records should be sealed based upon the factors in §24-72-308.5.

d.      Factors to be considered under Colorado Revised Statute §24-72-308.5, include the severity of the offense sought to be sealed, criminal history of the defendant, the number and dates of convictions defendant is seeking to have sealed and the need for the governmental agency to retain the records.

 

Colorado’s new drug law

a.       Under Colorado’s new drug law, level 2 and level 3 drug misdemeanors in article 18 of title 18 – petition may be filed after three years from final disposition or release from supervision, whichever is later. For level I drug misdemeanors the petition may be filed after five years from final disposition or release from supervision, whichever is later.

1.        If petition to seal is for a level 1, level 2 or level 3 drug misdemeanor in article 18 of title 18, you must provide notice of the petition to the District Attorney and pay the appropriate filing fee as well as document with a criminal background check that you have not been charged or convicted of a new criminal offense since release from supervision or final disposition, (whichever is later). If the DA objects, the Court shall set a hearing and determine if the records should be sealed based upon the factors in §24-72-308.5. If the DA does not object, the Court shall order the records sealed.

b.      For a level 4 drug felony a petition may be filed after seven years from final disposition or release from supervision, whichever is later. For all other drug felonies in article 18 of title 18, the petition may be filed after 10 years.

1.       If petition to seal is for a level 4 felony drug possession offense (described in 18-18-403.5), you must provide notice of the petition to the District Attorney, pay the appropriate filing fee and document with a criminal background check that you have not been charged or convicted of a new criminal offense since release from supervision or final disposition (whichever is later). If the DA objects, the Court shall set a hearing and determine if the records should be sealed based upon the factors in §24-72-308.5. If the DA does not object, the Court can decide the petition with or without the benefit of a hearing.

2.       If petition to seal is any other felony drug offense not covered above, in article 18 of title 18, you must provide notice of the petition to the District Attorney and pay the appropriate filing fee as well as document with a criminal background check that you have not been charged or convicted of a new criminal offense since release from supervision or final disposition. If the DA objects, the Court shall dismiss the petition. If the DA does not object, the Court shall set a hearing and determine if the records should be sealed based upon the factors in §24-72-308.5.

 

EXCEPTIONS

If a person is convicted of a new criminal offense after their record has been sealed by a court, the court shall (is required to) order the records to be unsealed.

Any member of the public may petition the court to unseal any file previously sealed upon a showing of circumstances which have come into existence and now, as a result, the public’s interest in disclosure outweigh the defendant’s rights to privacy.

Conviction records cannot be sealed if defendant still owes restitution, court costs, fines, late fees or other fees ordered by the court unless the same court later vacated those orders for fees.

The criminal history attached to the petition has to be current through at least the twentieth day prior to the date of filing of the petition but in no event, later than the tenth day after the petition is filed. Defendant is responsible for obtaining  and paying for the verified copy of their criminal history.