HB 17-1266 Summary

• Allows defendants to petition district court to seal misdemeanor marijuana possession or use conviction records if the conduct would not be criminal under Colorado law as of December 10, 2012.

• Court must order records sealed upon filing petition, payment of filing fee plus $65 additional fee, petitioner's proof by preponderance of evidence that offense would not be criminal under current law, and 30-day posting period on state court administrator's website.

• Additional $65 filing fee collected must be transmitted to state treasurer for deposit in the Judicial Stabilization Cash Fund.

• Defendant must provide sealed order to Colorado Bureau of Investigation and all record custodians and pay any costs associated with sealing records in bureau custody; basic identifying information remains accessible.

• Sealing provisions do not apply when criminal justice agencies inquire about conviction records from other criminal justice agencies.