(1) At any time after receiving a full and unconditional pardon, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any offenses that received a full and unconditional pardon. (2) A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee but shall provide notice of the motion to the district attorney. (3) The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-706 (1)(g) and the additional factor of the defendant having received a full and unconditional pardon. The district attorney shall advise the court of a victim's objection and request for hearing if known. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition or the offense is a crime enumerated in section 24-4.1-302 (1) and the district attorney requests a hearing on behalf of a victim, the court shall set the matter for hearing. The court shall order the records sealed unless the court finds by clear and convincing evidence that the public interest in retaining public access to the conviction records outweighs the harm to the privacy of the defendant, the dangers of unwarranted, adverse consequences to the defendant, and the intent of the full and unconditional pardon.
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