Denver County Court

FILE AN APPLICATION FOR AN ORDER OF COLLATERAL RELIEF

FILING YOUR APPLICATION

Step 1:  Obtain Your Criminal History Records.

In order to apply for an Order of Collateral Relief, you MUST obtain a recent copy of a Colorado Bureau of Investigation fingerprint-based criminal history check and attach the records to your application.

You can contact the Colorado Bureau of Investigation (CBI) at 303-239-4201. CBI is located at 690 Kipling Street, Suite 3000, Lakewood, CO 80215.

Step 2:  Complete the appropriate forms.

Application for an Order of Collateral Relief   

  • All sections of the application must be completed before the application is filed (including the caption).
  • Enter your name and contact information.
  • In order to apply for collateral relief, make sure that your circumstances comply with the eligibility requirements. If you are unsure as to whether you fall into one of these three categories, fill out the application to the best of your knowledge and the court will make the ultimate decision. You may also consult with an attorney if you need legal advice.
  • In paragraphs 4 and 5 of the application you must state the specific collateral consequence(s) that you will experience due to the underlying conviction and what type of relief you are asking the court to order with regard to those collateral consequences.
  • In order to grant the relief you are asking for, the court must find that: (1) an Order of Collateral Relief is consistent with your rehabilitation, and (2) granting the Order would improve your likelihood of success in reintegrating into society. Provide detailed explanations in paragraphs 6 and 7 of the application to help the court make these determinations.
  • Attach a recent copy of a Colorado Bureau of Investigation fingerprint-based criminal history check to the application (this document MUST be provided). 
  • In paragraph 8, you may select whether you want the court to conduct a hearing on your application. If you have not had your sentencing hearing and you would like the court to address your application at your sentencing hearing, OR if you have already had your sentencing hearing and you would like to request a separate hearing to address your application, indicate Yes. The court may grant your request for a hearing, but the court is not required to do so.
  • Sign and date the application (or have your attorney sign, if applicable).

Order of Collateral Relief   

  • Complete only the caption (the information on the top of the first page in the box) on this form, and file it with the court.
  • The Court will complete the rest of the form after it makes a decision regarding the relief you are asking for in your application.

Step 3:  File the application with the Court.

File the Application in the Clerk’s Office located at 520 W. Colfax Avenue, Room 160.  Provide the court with the documents completed as described in Steps 1 – 2.

Step 4:  Provide a copy to the District Attorney and relevant government body.

Within 10 days after you file your application, you must provide a copy of your completed application to the District Attorney and to any regulatory or licensing bodies that govern over the collateral consequence(s) from which you are seeking relief.  You must send a copy of your completed application by certified mail or you must personally serve the application.

  • If you send the completed application by certified mail:  Complete the Certificate of Service which is attached to the application, and file it with the court.
  • If you have the recipient personally served the completed application:  Complete a Personal Service Affidavit    form for each party served personally, and file the completed affidavit forms with the court.

Step 5:  The Court will review your application and supporting documents to determine if a hearing will be set.

  • The court may grant you a hearing on your request for collateral relief, or the court may make a decision without the need for a hearing. If the court finds that you are not eligible based upon your application, the court may deny your request for collateral relief without a hearing.
  • If a hearing is granted, the hearing could be held at the same time as your sentencing hearing or the hearing may be held at a separate time.

Step 6:  Be prepared if a hearing is granted.

  • If the court grants a hearing on your request for collateral relief, you may be required to give testimony under oath as to the information you provided in your application.
  • The court may also hear testimony or argument (either for or against your application) from victims, the District Attorney, or other persons who are either for or against your application.

Step 7:  Following the hearing.

If the court grants your request for collateral relief and issues an Order as such, the court will send a copy of the Order of to the Colorado Bureau of Investigation (CBI), and CBI will note in your record in the Colorado Crime Information Center that the Order of Collateral Relief was issued.

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