Colorado: Adult Diversion/Deferral Program (CO-D-2)

Records relating to a case dismissed upon successful completion of the conditions of a deferred judgment and sentence pursuant to section 18-1.3-102 are sealed by the court immediately. Colo. Rev. Stat. § 24-72-705(1)(a)(IV).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

There is no statutory language on ineligibility.

Procedure General

The procedure is automatic. If the court did not order the record sealing at the time of dismissal or acquittal, the defendant can file a petition for sealing at any time. C.R.S. § 24-72-705(1)(b).

Fees

There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-705(2)(a).

Effect

Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703.

Forms

Sealing petition forms can be found here.

Waiting Periods

There is no waiting period.

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