CO HB1251

Attorneys of record in criminal cases resulting in felony convictions or deferred judgments must retain case files for specified periods under new section 16-5-403.

Class 1 felony convictions and felony sex offense convictions require file retention for the life of the defendant.

Other felony convictions or deferred judgments require five-year file retention periods commencing from sentencing date, appeal mandate date, or plea acceptance date depending on appeal status.

If a defendant files a motion for postconviction relief, the attorney must retain the file until resolution of postconviction relief matters.

The act takes effect September 1, 2010, and applies to criminal cases where sentencing occurs on or after the effective date.