Colorado Passes Expedited Sealing – Expungement Law – CRS 24-72-702.5

By H. Michael Steinberg – Colorado Theft Crimes Criminal Defense Lawyer – Attorney

Colorado Passes Expedited Sealing – Expungement Law – CRS 24-72-702.5 – The Colorado State Legislature made it easier to seal / expunge criminal cases by enacting the new Colorado Expedited Sealing – Expungement Law – CRS 24-72-702.5. The new law expedites what can be a prolonged and difficult process in the absence of the expedited procedure.

The law CRS 24-72-702.5 lays out the steps the Court and the Defendant must take to comply and appears – analyzed paragraph by paragraph -and then in it’s entirety – below.

The first paragraph lays out the procedure and the qualifications to use the simplified procedure:

Paragraph (1) is the key paragraph and it quickly establishes that the old section – 24-72-702 – is still in effect and that this new law only provides an alternative process in certain cases.

Qualifications To Have The Matter Immediately Sealed In Open Court

The law provides three examples of when the procedure applies:

The cases in interest must be completely dismissed because:

– the person in interest is acquitted,

– the person in interest completes a diversion agreement under section 18-1.3-101, C.R.S., or

– the person in interest completes a deferred judgment and sentence under section 18-1.3-102 , C.R.S.,

CRS 24-72-702.5 (1) In addition to the procedures in section 24-72-702, any time a case against a person in interest is completely dismissed, where the person in interest is acquitted, the person in interest completes a diversion agreement under section 18-1.3-101 , C.R.S., or the person in interest completes a deferred judgment and sentence under section 18-1.3-102 , C.R.S.,

Immediate Sealing Of The Record

If any of those situations exists in your case – the new law mandates that you are immediately eligible to have your criminal justice records sealed – then and there – by making an informal “Motion” in open court at the time of the dismissal. My recommendation make the motion when the Judge offers it to you.. don’t wait.

…. the court shall give the defendant eligible to have his or her criminal justice records sealed the option of immediately moving to have his or her criminal justice records sealed. This motion may be informal and may be made in open court at the time of the dismissal of the case or the acquittal of the defendant.

In addition – the new law requires the Court to send out the Order To Seal the Record – this relieves the Defendant of this obligation – and is a major change in the law which in the absence of the new law – requires a Defendant to file an expensive and difficult to manage civil case in District Court before another Judge.

If the defendant moves under this subsection (1) to seal his or her criminal justice records under the expedited procedures of this section, the court shall promptly process the defendant’s request to seal the criminal justice records within the criminal case without the filing of an independent civil action.

When the court seals criminal justice records under this section the court shall provide a copy of the court’s order to each custodian who may have custody of any of the records subject to the order. The person in interest may also provide a copy of the order to any other custodian of records subject to the order.

The Minimal Cost Of The New Procedure

The process requires the Defendant moving to have the record sealed pay a minimal fee for the processing of the request of $65.00.

(2) (a) A person in interest moving to have his or her criminal justice records sealed under 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.

You Can Also Wait And Submit The Form For Expedited Sealing Of Your Record – Later

Of course – the law also provides you can achieve the same result later – and the State of Colorado provides links to forms to help you do that.

The motion may also be made by the defendant at a time subsequent to the dismissal or acquittal through the filing of a written motion.

Colorado Expedited Sealing – Expungement Law – CRS 24-72-702.5 Suggested Form Links

Here is a link to the forms – drafted by the State of Colorado – to use to follow the new – simplified procedure.

Colorado Expedited Sealing – Expungement Law – CRS 24-72-702.5 In It’s Entirety

§ 24-72-702.5. Sealing Criminal Justice Records Other than Convictions – Simplified Process – Defendant Option – Processing Fees

(1) In addition to the procedures in section 24-72-702, any time a case against a person in interest is completely dismissed, where the person in interest is acquitted, the person in interest completes a diversion agreement under section 18-1.3-101 , C.R.S., or the person in interest completes a deferred judgment and sentence under section 18-1.3-102 , C.R.S., the court shall give the defendant eligible to have his or her criminal justice records sealed the option of immediately moving to have his or her criminal justice records sealed. This motion may be informal and may be made in open court at the time of the dismissal of the case or the acquittal of the defendant.

The motion may also be made by the defendant at a time subsequent to the dismissal or acquittal through the filing of a written motion.

If the defendant moves under this subsection (1) to seal his or her criminal justice records under the expedited procedures of this section, the court shall promptly process the defendant’s request to seal the criminal justice records within the criminal case without the filing of an independent civil action. When the court seals criminal justice records under this section the court shall provide a copy of the court’s order to each custodian who may have custody of any of the records subject to the order. The person in interest may also provide a copy of the order to any other custodian of records subject to the order.

(2) (a) A person in interest moving to have his or her criminal justice records sealed under 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.

(b) The processing fees collected under paragraph (a) of this subsection (2) must be transmitted to the state treasurer and credited to the judicial stabilization cash fund created in section 13-32-101(6), C.R.S.

Added by 2016 Ch. 285, §1, eff. 8/10/2016 – was passed without a safety clause. See Colo. Const. art. V, § 1(3).

Colorado Passes Expedited Sealing – Expungement Law – CRS 24-72-702.5

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The reader is admonished that Colorado criminal law, like criminal law in every state and at the Federal level, changes constantly. The article appearing above was accurate at the time it was drafted but it cannot account for changes occurring after it was uploaded.

If, after reading this article, you have questions about your case and would like to consider retaining our law firm, we invite you to contact us at the Steinberg Colorado Criminal Defense Law Firm – 303-627-7777.

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 40 plus years – by focusing ONLY on Colorado criminal law – H 7zmhxdw. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Passes Expedited Sealing – Expungement Law – CRS 24-72-702.5

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Article Name

Colorado Passes Expedited Sealing - Expungement Law - CRS 24-72-702.5

Description

The Colorado State Legislature made it easier to seal / expunge criminal cases by enacting the new Colorado Expedited Sealing - Expungement Law - CRS 24-72-702.5. The new law expedites what can be a prolonged and difficult process in the absence of the expedited procedure.

Author

H. Michael Steinberg