INSTRUCTIONS TO FILE A PETITION TO SEAL
CRIMINAL CONVICTION RECORDS
FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.
GENERAL INFORMATION
u Any person in interest (party to the case) may petition the District Court to seal criminal conviction records by filing a civil action in the county in which the criminal conviction record is filed.
u If you have been convicted of more than one offense in a single case, the conviction records may be sealed only if the records of every conviction resulting from the case may be sealed pursuant to this section.
u You may petition the Court to seal criminal conviction records for an offense involving controlled substance, except basic identifying information, if you meet t he two requirements listed below:
1. Ten or more years have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later;
AND
2. You have not been charged or convicted for a criminal offense in the ten or more years since the date of the final disposition of all criminal proceedings or the date of your release from supervision, whichever is later.
u You may not petition the Court to seal criminal conviction records if you still owe restitution, fines, court costs, late fees, or other fees ordered by the Court in the case being requested to seal, unless the court has vacated such order.
u Defendants convicted of the following offenses are eligible to petition to seal the conviction:
1. Any petty offense in violation of article 18 of title 18;
2. Any misdemeanor in violation of article 18 of title 18.
3. Any class 5 or class 6 felony in violation of article 18 of title 18 EXCEPT if the conviction was for the sale, manufacturing or dispensing of a controlled substance as defined at §18-18-102(5), C.R.S. or attempt of those offenses or for possession with intent to manufacture, dispense or sell a controlled substance.
4. Any offense that would be a class 5 or class 6 felony in violation of article 18 of title 18 if the offense were to have occurred on July 1, 2008.
u An order sealing conviction records shall not be construed to vacate a conviction.
u If you obtain a conviction of a new criminal offense after an order sealing conviction records is entered, the Court, on its own motion or upon the motion of any prosecuting attorney, shall order the conviction record to be unsealed.
u The office of the prosecuting attorney may charge you for all reasonable attorney fees and costs relating to the petition to seal. Such costs will be payable prior to the entry of an order sealing the conviction records.
u The Court, law enforcement and criminal justice agencies, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case will always have access to the file. The files are not destroyed.
u Upon the entry of an order to seal and an inquiry in the matter, you and all criminal justice agencies may properly respond that “no such conviction record exists with respect to such person”.
u For additional information, please review §24-72-308.5, C.R.S.
u If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website:
rts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm
COMMON TERMS
? Petition: Document officially commences the Sealing of Conviction Records process.
? Petitioner: The person or persons filing a Petition to Seal Criminal Conviction Records.
? Person in Interest: The person who is the primary subject of a criminal justice record or his/her legal representative. If the person is under legal disability this means and includes the person’s parent.
? Arrest: To take into custody by legal authority.
? Conviction Records: Arrest and criminal records information and any records pertaining to a judgment of conviction.
? Criminal Case: A case brought by the government against an individual accused of committing a crime.
? May: In legal terms, “may” is defined as “optional” or “can”.
? Shall: In legal terms, “shall” is defined as “required”.
If you do not understand this information, please contact an attorney.
FEES
A filing fee is required. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide if you need to pay the filing fee. You must additionally pay the office of the prosecuting attorney all reasonable attorney fees and costs related to the petition to seal, prior to the entry of an order sealing the conviction.
Other fees that a party to the case may encounter are as follows:
q Records Search Fees Varies and is payable to the agency
q Copies of Documents (Documents on File) Fees
q Copies of Documents (Documents not on File)
q Certification Fee
FORMS
To access forms online, go to the website at www.courts.state.co.us and then click “ Forms” tab. The forms are available in PDF or WORD under Criminal or District Civil - Sealing of Criminal Conviction Records. Please click either PDF or WORD by the title of the form. You may complete a form online and print or you may print it and type or print legibly in black ink.
q JDF 612 Petition to Seal Criminal Conviction Records
q JDF 613 Order Denying Petition to Seal Criminal Conviction Records
q JDF 614 Order and Notice of Hearing to Seal Criminal Conviction Records
q JDF 615 Order to Seal Criminal Conviction Records
q JDF 617 Certificate of Mailing
STEPS TO FILING YOUR CASE
Step 1: Obtain arrest and criminal records.
In order to file a Petition to Seal Criminal Conviction Records, you must obtain the proper case report numbers, court case numbers, and arrest numbers from the original arrest or criminal records. This information is necessary to ensure that your case is sealed properly, if ordered by the Court. A fee may be required to obtain this information. The records may be found in the following locations:
q Court Records. County and district court files are available from the clerk of court’s office for each respective court.
q Municipal Court Records. These can be found at each Municipal Court. Contact the specific court for assistance.
q Arrest or Police Records. Contact the arresting agency. Their files have the arresting agency and arrest numbers.
Step 2 : Obtain a Current Verified Copy of the Defendant’s Criminal History
A verified copy of your criminal history report must be filed with the Petition. The criminal history report must be current and dated at least 20 days prior to the date of the filing of the Petition or no later than the ten days after the Petition is filed. The cost of obtaining the criminal history report is your responsibility. You may obtain the report as follows:
q Criminal history reports can be accessed immediately by using the web-based system i recordscheck.com/Index.asp. You will be charged per result viewed.
q If you are unable to access the Internet, please call the Colorado Bureau of Investigation (CBI) at 303-239-4208 for additional information. CBI is located at 690 Kipling in Denver.
Step 3 : Complete the appropriate forms.
q Petition to Seal Crimina l Conviction Records (JDF 612 ).
q Enter the Defendant’s name in the case caption.
q All applicable sections must be completed before the case is filed.
q You are responsible for specifying with a checkmark each criminal justice agency that has the Defendant’s criminal arrest and conviction records. Do not include the Federal Bureau of Investigation (FBI). It is the Colorado Bureau of Investigation’s (CBI) responsibility to contact the FBI if there is a corresponding FBI record.
q Specify the charge(s) for any criminal conviction record or court case file you want sealed. You may obtain this information from the arresting agency and the court clerk’s office.
q You must enter the case number(s) of all the files you want sealed. If you are requesting multiple cases to be sealed, a separate filing fee for each case is required.
q Ten or more years must have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later.
q List the offense you are petitioning to seal as well as the date you were sentenced and the date you were released from supervision if applicable.
q Attach current verified criminal history report.
q This Petition must be signed in the presence of a Court Clerk or Notary Public.
q Order Denying Petition to Seal Criminal Conviction Record s (JDF 613 ).
q Complete only the caption on this form.
q The Court will complete this form only if your Petition is denied.
q Order and Notice of Hearing to Seal Criminal Conviction Records (JDF 614).
q Complete all portions of the form.
q The Court will send this notice to you if a hearing is set.
q You will be responsible to send the Notice and Petition to all the agencies you listed on the Petition.
q You will need to complete JDF 617 Certificate of Mailing and also file the certified mailer for the District Attorney’s Office, as proof that all agencies have been provided with the Order and Notice of Hearing and the Petition and file on or before the date of the hearing.
q Order to Seal Criminal Conviction Records (JDF 615 ).
q Complete all portions of the form.
q You must indicate the same agencies on the Order as you did on the Petition.
q The Judge or Magistrate will sign the Order at the time of the hearing if your Petition is approved.
Step 4 : You are ready to file the case with the Court .
Provide the Court with the documents completed as described in Steps 1 - 2 above and pay the filing fee. If you are requesting to seal multiple cases, you must file a separate Petition to Seal and pay a separate filing fee for each case. If the Petition has not been signed in the presence of a Notary Public, you will sign the Petition before the Clerk at this time.
q You may be required to provide copies of your Petition to Seal for each of the agencies identified on the Order and Notice of Hearing to the Court. Make the appropriate number of copies.
q Once the Petition is filed, the Office of the State Court Administrator shall post all Petitions to Seal Conviction Records for 30 calendar days. A District Court may not grant a Petition until at least 30 days after the posting.
Step 5 : The Court will review the Petition and supporting documents to determine if a hearing will be set.
q If the Petition is denied the Court will send you an Order Denying the Petition (JDF 613). This Order will specify the reasons for the denial of the Petition and no hearing will be set.
q If the Petition is sufficient on its face and no grounds exist at that time for the Court to deny the Petition, a hearing will be set.
q The Court will send you the Order and Notice of Hearing (JDF 614).
q You shall promptly notify by certified mail the prosecuting attorney, the arresting agency and any other person or agency identified. You must provide all with a copy of the Petition (JDF 613) and Order and Notice of Hearing (JDF 614).
q Complete the Certificate of Mailing (JDF 617) and also file the certified mailer for the District Attorney’s Office, as proof that all agencies have been provided with the Order and Notice of Hearing and the Petition and file on or before the date of the hearing.
q If an agency files an objection, you will receive a copy of that objection.
Step 6 : Be prepared for the hearing.
You may be asked questions about the request for sealing criminal conviction records and any objections filed, if applicable.
q On the hearing date the Court will either grant or deny the Petition to Seal Criminal Conviction Records.
q The Court will automatically seal the civil action record.
Step 7 : Following the hearing.
After the Order is entered, it is your responsibility to notify the Colorado Bureau of Investigation (if applicable), and all agencies listed on the Order, by mailing each agency a copy of the signed Order. Your failure to notify the agencies may result in your criminal conviction record not being sealed. You do not need to notify the District or County Court, but you must notify the Municipal Court Clerk if Municipal court arrest and conviction records are being sealed.
q Approximately 30 days after you send a copy of the Court’s order to the agencies listed, your record will be sealed by the agencies.
JDF 611 R1-12 INSTRUCTIONS TO SEAL CRIMINAL CONVICTION RECORDS Page 1 of 1