(a) Any time a case against a defendant is completely dismissed, when the defendant is acquitted of all counts in the case, the defendant completes a diversion agreement, or the defendant completes a deferred judgment and sentence and all counts are dismissed, the Court shall give the defendant eligible to have his criminal justice records sealed the option of immediately moving to have his 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 any time subsequent to the dismissal or acquittal through the filing of a written motion in the criminal case with written notice to the prosecuting attorney.

(b) Motions filed under 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 the municipal criminal case.

(c) If the defendant is acquitted of, or if the case dismissed involves the charge of, assault, Section 10-44 of this Code, or menacing, Section 10-41 of this Code, the Court shall allow the prosecuting attorney opportunity to notify the victim and shall set a return date for a hearing on the motion to seal records within forty-two (42) days after receipt of the motion, or the next available regularly scheduled court date after the forty-two (42) day period has passed. Notice to the victim shall be to the last known address of such person.

(d) When the Court seals criminal justice records under this Section, the Court shall provide a copy of the order to the Colorado Bureau of Investigation, and the defendant shall pay to the Bureau any costs related to the sealing of his criminal justice records in the custody of the Bureau. The Court shall also provide a copy of the Court order to each custodian who may have custody of any records subject to the order. The defendant shall provide the Court, within seven (7) days of the motion if made orally or in conjunction with the motion if filed in writing, a list of all agency custodians who may have custody of any records subject to the order. Additionally, the defendant may also provide a copy of the order to any other custodian of records subject to the order. Each custodian that receives a copy of the order shall remove the records that are subject to the order from its records.

(e) Upon the entry of an order to seal the records, the petitioner (defendant) and all criminal justice agencies may properly reply, upon inquiry in the matter, that no such records exist with respect to such person.

(f) Inspection of the records included in an order sealing criminal records may thereafter be permitted by the Court only upon petition by the person who is the subject of the records or by the prosecuting attorney and only for those purposes named in the petition.

(g) The petitioner need not, in any application or interview, in answer to any question concerning arrest and criminal records information that has been sealed, include a reference to or information concerning the sealed information and may state that no such action has ever occurred. Exceptions set forth at Section 24-72-702, et seq., C.R.S., as amended, apply.

(h) Nothing in this Section shall be construed to authorize the physical destruction of any criminal justice records.

(i) A defendant moving to have his criminal justice records sealed under this Section shall pay the Court a processing fee of sixty-five dollars ($65.00) to cover the actual costs related to the sealing of the criminal justice records, which may be waived by the Court upon a finding of indigency. Such fee is to be collected as other Court costs and transmitted to the Treasurer of the municipality and deposited in the general fund of the municipality pursuant to Section 13-10-115, C.R.S., as amended.

(j) This Section shall not apply to records pertaining to cases when the only charges were traffic infractions, traffic offenses or noncriminal violations as designated at Section 10-7(c) of this Code.

(k) No record shall be eligible to be sealed until all fines, costs, fees and restitution ordered by the Court have been paid in full, unless any such amount is vacated by the Court.

(l) This Section shall not apply to arrest and criminal justice information or criminal justice records in the possession and custody of a criminal justice agency when inquiry concerning the arrest and criminal justice information or criminal justice records is made by another criminal justice agency.

(m) As used in this Section, the terms "arrest and criminal records information," "criminal justice records," and "criminal justice agency" are defined at Section 24-72-302, C.R.S., as amended. (Ord. 1263 §1, 2017)