(1) Pursuant to the timelines in this subsection (1), if a statutory change legalizes previously prohibited conduct, a defendant may file a motion in any case in which a conviction record exists pertaining to the defendant's conviction for an offense that is no longer prohibited by statute and provide notice of the motion to the district attorney. A defendant may file the motion after the date of the final disposition against the defendant or the date of the defendant's release from supervision, whichever is later. (2) A defendant who makes a motion to have the defendant's criminal records sealed pursuant to this section is not required to pay any fees or costs associated with sealing the record. (3) The district attorney may only object to the sealing of a record pursuant to this section if the district attorney has a good-faith belief that the offense the defendant is seeking to seal is illegal at the time the motion to seal is made. If the district attorney does not object within forty-two days after the date of the motion to seal the record, the court shall order the record sealed regardless of other convictions on the defendant's record. (4) Notwithstanding the provisions of section 24-72-706 (1)(c), a defendant who files a motion pursuant to this section shall not be required to submit a verified copy of the defendant's criminal history with the motion. Section 24-72-703 (2)(a)(V) does not apply to conviction records sealed pursuant to this section.
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