Colorado Motion To Determine Factual Innocence Pursuant To Section 16-5-103, C.R.S., is a legal motion that allows individuals to challenge the conviction or sentence of a criminal case based on the evidence, or lack thereof, that the individual is factually innocent of the crime. This motion is available to any person who has been convicted of or sentenced for a crime in Colorado and who has an "actual innocence" of the crime or the sentence imposed. There are two types of this motion: a motion to set aside a criminal conviction and a motion to reduce the sentence imposed. In order for either motion to be granted, the petitioner must demonstrate that they are factually innocent of the crime or that the sentence imposed is not supported by the evidence or is legally invalid. If the motion is successful, the conviction or sentence may be set aside and the petitioner may be released from custody or entitled to a new trial.