(1) Sealing of conviction records. A defendant may file a motion in the criminal case in which any conviction records pertaining to the defendant for a municipal violation are located for the sealing of the conviction records within the time frames described in subsection (3)(a) of this section, except basic identification information, if: (a) The defendant has not been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the defendant or the date of the defendant's release from supervision, whichever is later; and (b) The conviction records sought to be sealed are not for a misdemeanor traffic offense committed either by a holder of a commercial learner's permit or a commercial driver's license, as defined in section 42-2-402, or by the operator of a commercial motor vehicle, as defined in section 42-2-402. (2) Sealing of conviction records with a single subsequent offense. Notwithstanding the provisions of subsection (1)(a) of this section, a defendant may file a motion in the criminal case in which any conviction records pertaining to the defendant for a municipal violation or petty offense are located for the sealing of the conviction records within the time frames described in subsection (3)(b) of this section, except basic identification information, if: (a) The defendant was convicted of a single offense that was not a felony and did not involve domestic violence as defined in section 18-6-800.3 (1), unlawful sexual behavior as defined in section 16-22-102 (9), or child abuse as defined in section 18-6-401; (b) The defendant has not been convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the defendant for the subsequent criminal case or since the date of the defendant's release from supervision for the subsequent case, whichever is later; and (c) The conviction sought to be sealed is not a municipal assault or battery offense in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), or any other municipal violation in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1). (3) Timing for filing motions. (a) A motion filed pursuant to subsection (1) of this section may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction. (b) A motion filed pursuant to subsection (2) of this section may be filed ten years after the date of the final disposition of all criminal proceedings against the defendant for the subsequent criminal case or ten years after the date of the defendant's release from supervision for the subsequent criminal case, whichever is later. (4) Upon filing the motion, the defendant shall pay the filing fee required by law. (5) (a) Upon the filing of a motion, the court shall review the motion and determine whether there are grounds pursuant to this section to proceed to a hearing on the petition. If the court determines that the motion on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the motion, the defendant is not entitled to relief pursuant to this section, the court shall enter an order denying the motion and mail a copy of the order to the defendant. The court's order shall specify the reasons for the denial of the motion. (b) 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 pursuant to this section, the court shall grant the motion unless the prosecution files an objection. If the prosecution files a written objection, the court shall set a date within forty-two days after the filing of the motion for a hearing and the court shall notify the prosecution, the municipal police department or local law enforcement agency, and any other person or agency identified by the defendant. (c) After the hearing described in subsection (5)(b) of this section is conducted and if the court finds that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining public access to the conviction records, the court may order the conviction records, except basic identification information, to be sealed. In making this determination, the court shall consider the factors in section 24-72-706 (1)(g). (d) Pursuant to section 24-72-703 (12)(b), the court shall not factor in or take into consideration any unpaid fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the motion to seal when the court is determining whether the record should be sealed. Conviction records may not be sealed if the defendant still owes restitution unless the court that entered the order for restitution vacated the order.
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