When is the order effective?

The order is effective when signed by the judge and entered on the docket. The entry date is the formal effective date used by agencies and record systems.

Can this order be e-signed?

Many courts accept electronically signed orders if the method satisfies ESIGN/UETA and local court rules; verify the court's e-signature policy before submitting a digital order.

What supporting documents are required?

Include the motion or petition, pertinent transcripts or exhibits, and a proposed order. Absent exhibits or incomplete factual support may lead to rejection or delay.

Who must be notified after entry?

Notify the prosecutor, defense counsel, probation, corrections, and any statutorily listed agencies. The order itself should state who the clerk must inform.

Is notarization required?

Notarization is generally not required for judge-signed orders, but some jurisdictions or related filings may require notarized affidavits; check local rules.

How to correct an entry error?

Request an amended order or clerical correction from the judge promptly. Provide clear documentation of the error and proposed corrective language.

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Order Re: Factual Innocence Pursuant to 16-5 CO Courts

Order Re: Factual Innocence Pursuant to 16-5 CO Courts

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ORDER TO SEAL PURSUANT TO §18-13-122(10), C.R.S.

County Court County, Colorado

Court Address:

State of Colorado

v.

Defendant:

COURT USE ONLY

Case Number:

Division: Courtroom:

ORDER TO SEAL PURSUANT TO §18-13-122(10), C.R.S.

The Court having read the Petition to Seal Pursuant to §18-13-122(10), C.R.S., and examining the record, finds that the Defendant has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense since the conviction on (date), and that the referenced record is eligible for sealing.

Information about the Defendant: Date of Birth:

Current Mailing Address:

City: State: Zip Code:

The Court orders the following pursuant to §18-13-122(10), C.R.S.:

1. The following information shall be sealed:

Date of Offense	Name of Law Enforcement Agency	Arrest/Summons Number

2. The Court directs the Clerk of Court to seal this county court case.

3. The Defendant or his/his attorney shall mail a copy of this Order to the following agencies to seal their records associated with this case:

District Attorney

Law Enforcement Agency (Identify name of agency):

Department of Motor Vehicle (DMV)

Colorado Bureau of Investigation (CBI)

State Court Administrator’s Office, 101 W. Colfax Ave., Suite 500, Denver, CO 80202-5351: Attn: Records Sealed

Other:

Date:

Judge Magistrate

I certify that on (date), I mailed this Order to the following:

Defendant

Defendant’s Attorney

Clerk

What the Order Re: Factual Innocence Pursuant to 16-5 CO Courts Is

The Order Re: Factual Innocence Pursuant to 16-5 is a court document used to formally acknowledge that a person has been found factually innocent under the relevant Colorado statutory procedure. It records the court's determination, vacates or nullifies prior convictions or certain collateral consequences as specified in the order, and directs the clerk to take follow-up actions such as expungement referrals, records correction, or notice to agencies. The order is issued by a judge after appropriate motions, evidentiary review, or a postconviction hearing and becomes part of the official court record once signed and entered.

Why this Order Matters for Parties and the Court

Recognizing factual innocence restores legal status, triggers record-correction workflows, and creates a clear, enforceable judicial finding for administrative and criminal record systems.

Who Prepares and Relies on This Order

The order also serves the individual found innocent as an official basis for correcting criminal history and restoring certain civil rights or benefits.

Defense counsel and public defenders who file motions and draft proposed orders for judicial signature.
Prosecuting offices and victim services for notice and to coordinate record updates and restitution adjustments.
Court clerks and records personnel who enter the order, update docket entries, and notify repositories.

Core Elements of a Professional Order Re: Factual Innocence

A well-drafted order clearly identifies the case, recites the factual basis for innocence, lists the specific relief granted, and directs administrative steps for records. Precision reduces downstream disputes and supports consistent implementation across agencies.

Case Caption

Include court name, docket number, parties, and case title exactly as on the underlying judgment and docket to avoid clerical mismatches.

Findings

A concise factual finding describing the evidence or basis for concluding factual innocence, including dates and relevant witness or exhibit references.

Order Language

Explicit directives describing what is vacated, set aside, or corrected and any limits on scope, for example convictions, fines, or collateral consequences.

Remedial Steps

Instructions to the clerk, law enforcement, state repositories, and licensing boards about record updates, sealing, or referrals for expungement.

Signature Block

Judge signature line with printed name, title, and date; ensure space for clerk entry stamp and document entry date.

Distribution

List required recipients such as defense counsel, prosecutor, probation, records divisions, and any statutorily required agencies.

Stepwise Process to Prepare and Submit the Order

Follow these steps in order to draft, review, sign, and file the Order Re: Factual Innocence with the court and affected agencies.

01

Draft Order: Prepare proposed order reflecting court findings and specific relief.
02

Attach Support: Include transcripts, exhibits, or affidavits that form the factual basis.
03

Judge Review: Submit proposed order to the judge for revision and signature.
04

File and Distribute: File with the clerk and distribute certified copies to listed agencies.

Typical eFiling and eSubmission Settings

Configure submission workflows so the document is accepted by the court portal and accompanied by required attachments and signatures.

Field	Configuration
eFiling Portal	Select court-specific eFiling category and upload PDF/A document
Attachments	Attach exhibits as separate, bookmarked PDFs when required
Signature Method	Use judge-approved electronic signature method or in-court signature
Service List	Include required recipients and proof of electronic service

Where to File and How the Order Moves Through the Court

Understand the routing so the order is entered, indexed, and transmitted to relevant repositories without delay.

Clerk Filing: Clerk enters signed order onto the docket
Record Update: Clerk notifies central record repository or state reporting systems
Agency Notice: Court or clerk sends certified notice to listed agencies
Disposition: Case disposition updated and public record amended

Digital Signing and eSubmission Considerations

When permitted, use platforms that support secure signatures, tamper-evident PDFs, and reliable delivery receipts to satisfy court and agency expectations.

Authentication: Use multi-factor or court-approved signer identity verification
Audit Trail: Preserve timestamp, IP, and signer attribution
File Formats: Submit PDF/A when required by the clerk

Timing and Typical Deadlines to Watch For

Timing varies by case posture and local rule; file promptly after a finding or new evidence to avoid administrative delays and to trigger agency notifications.

Motion Filing:

File the supporting motion or petition as soon as new evidence is available

Judge Scheduling:

Expect a hearing date per local court scheduling practices

Order Entry:

Order becomes effective on the date it is signed and entered

Agency Notification:

Clerk typically transmits notices within days to weeks, depending on backlog

Appeal Window:

Opposing parties may have statutory timeframes to object or appeal

Key Processing Milestones After the Order Is Filed

A typical sequence moves from filing to implementation; use this milestone view to track progress with the clerk and agencies.

01

Filing Submitted

Court receives the proposed order and supporting materials for docketing

02

Judicial Review

Judge reviews materials and signs or schedules hearing

03

Order Entered

Signed order is entered on the docket and becomes effective

04

Administrative Implement

Records units and agencies update databases per the order

Common Pitfalls to Avoid When Preparing the Order

Submitting an unsigned or improperly signed proposed order that clerks cannot file or accept.
Failing to attach the evidentiary support or referencing exhibits not included with the filing.
Using vague relief language that omits specific remedies or the agencies to notify.
Mismatching names, dates of birth, or docket numbers that prevent accurate record matching.

Risks and Consequences of an Incorrect or Incomplete Order

Delayed Relief: Delayed implementation

Record Errors: Persistent incorrect criminal history

Agency Rejection: Notices returned or ignored

Appeals Risk: Increased litigation over scope

Administrative Burden: Repeat filings required

Client Harm: Denied benefits or licenses

Required Information and Key Fields to Include

Court Caption: Full case identifiers

Defendant Info: Name, DOB

Findings: Concise factual basis

Relief: Specific remedies

Signature: Judge signature line

Distribution: List of recipients

eSignature Pricing Comparison (signNow First)

Platform pricing and feature models vary; signNow is listed first for direct comparison. Confirm plan features and trial availability with each vendor before subscription.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions and Troubleshooting

Answers to common questions about completing, signing, filing, and enforcing an Order Re: Factual Innocence Pursuant to 16-5 CO Courts.

Need help? Contact support

When is the order effective?
The order is effective when signed by the judge and entered on the docket. The entry date is the formal effective date used by agencies and record systems.
Can this order be e-signed?
Many courts accept electronically signed orders if the method satisfies ESIGN/UETA and local court rules; verify the court's e-signature policy before submitting a digital order.
What supporting documents are required?
Include the motion or petition, pertinent transcripts or exhibits, and a proposed order. Absent exhibits or incomplete factual support may lead to rejection or delay.
Who must be notified after entry?
Notify the prosecutor, defense counsel, probation, corrections, and any statutorily listed agencies. The order itself should state who the clerk must inform.
Is notarization required?
Notarization is generally not required for judge-signed orders, but some jurisdictions or related filings may require notarized affidavits; check local rules.
How to correct an entry error?
Request an amended order or clerical correction from the judge promptly. Provide clear documentation of the error and proposed corrective language.

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