2016 Colorado Revised Statutes
Title 24 - Government - State
Public (Open) Records
Article 72 - Public Records
Part 7 - Criminal Justice Record Sealing
§ 24-72-709. Sealing of criminal conviction records information for posting an intimate photograph of a person on the internet

(1) If a person who was convicted of posting a private image for harassment in violation of section 18-7-107, C.R.S., or posting a private image for pecuniary gain in violation of section 18-7-108, C.R.S., has completed the sentence, including payment of the fine, and has not been convicted of another criminal offense for at least five years after the date he or she completed his or her sentence, he or she may petition the district court of the district in which the conviction record pertaining to the defendant's conviction for posting an intimate photograph of a person is located for the sealing of the conviction records, except for basic identifying information.

(2) Upon the filing of a petition, the court shall review the petition and determine whether the petition is sufficient on its face. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the petitioner is not entitled to relief under this section, the court shall enter an order denying the petition and mail a copy of the order to the petitioner or, as permitted, serve the order under supreme court rules. The court's order shall specify the reasons for the denial of the petition.

(3) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition under this section, the court shall set a date for a hearing, and the petitioner shall notify the prosecuting attorney by certified mail at least ten days prior to the hearing, the arresting agency, and any other person or agency identified by the petitioner. Except as provided for in section 18-1.3-101 (10) (c), C.R.S., after the hearing described in this subsection (3) is conducted and if the court finds that the harm to the privacy of the petitioner or dangers of unwarranted adverse consequences to the petitioner outweigh the public interest in retaining the conviction records, the court may order such records, except basic identification information, to be sealed. In making this determination, the court shall, at a minimum, consider the factors in section 24-72-704 (1) (c).