Colorado § 18-1-410.7 - Vacating certain criminal convictions for victims of human trafficking.

§ 18-1-410.7. Vacating certain criminal convictions for victims of human trafficking.

(1) (a) An individual may file a motion with the court where a conviction was obtained against the individual requesting that the conviction be vacated if the underlying offense resulting in the conviction was committed as a result of the individual being a victim of human trafficking. The individual shall serve a copy of the motion on the district attorney's office or municipal attorney's office that obtained the conviction.

(b) This section applies to all state and municipal convictions for crimes except for crimes defined in section 24-4.1-302 (1).

(c) This section does not apply to a conviction if the individual raised an affirmative defense described in section 18-7-201.3 or 18-3-504 (2.5) at trial and was still convicted after raising the defense.

(d) Official documentation is not required for an individual to seek or be granted relief pursuant to this section, but if the individual provides official documentation from a federal, state, local, or tribal government agency indicating that the individual was a victim of human trafficking at the time of the offense, the documentation creates a rebuttable presumption that the individual was a victim of human trafficking at the time of the offense and is eligible for relief pursuant to this section.

(2) The district attorney's office or municipal attorney's office that obtained the conviction must file a response within thirty-five days from receiving a copy of the motion. If the district attorney's office or municipal attorney's office opposes the motion or the court determines a hearing is necessary, the court shall set the motion for hearing.

(3) (a) If the court determines by clear and convincing evidence that the offense was committed as a result of the individual being a victim of human trafficking at the time of the offense, the court shall vacate the conviction.

(b) A conviction vacated pursuant to subsection (3)(a) of this section is deemed vacated due to a substantive defect in the underlying criminal proceedings.

(4) Nothing in this section prevents the individual from applying for any other relief allowed by law.

(5) (a) If the court issues an order vacating the conviction, the court shall send the order to the Colorado bureau of investigation and the bureau shall remove the conviction from the individual's record.

(b) If the court issues an order vacating the conviction pursuant to this section, the individual may petition to have the other related records sealed pursuant to the procedure in section 24-72-707.

Source: L. 2024: Entire section added, (HB 24-1345), ch. 317, p. 2125, § 10, effective May 31.