Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0502.01 Michael Dohr x4347
SENATE BILL 22-099
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING THE PROCEDURE FOR SEALING OF CRIMINAL RECORDS101
FOR NONVIOLENT OFFENSES , AND, IN CONNECTION THEREWITH ,102
ADDRESSING WORKFORCE SHORTAGES AND MINIMIZING103
BARRIERS TO EMPLOYMENT FOR JOB SEEKERS .104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a consumer reporting agency, upon written
request from a consumer, to disclose to each consumer whose report
contains information from criminal justice records:
SENATE SPONSORSHIP
Hisey and Rodriguez,
HOUSE SPONSORSHIP
Tipper,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Each source from which the agency compiled the
information; and
! The date on which the information was requested.
Currently, there is a process that allows for automatic sealing of
criminal justice records for certain drug offenses. The bill extends that
automatic sealing to all of the offenses, including civil infractions, that
allow the defendant to petition the court for sealing criminal justice
records that are not subject to the victims rights act. The bill streamlines
the automatic record sealing process. The bill requires the state court
administrator to produce an annual report regarding automatic record
sealing.
The bill makes it an unfair employment practice to discharge or
refuse to promote a person based solely on the contents of a sealed
criminal record and makes it an unfair housing practice to refuse to show,
sell, transfer, rent, or lease housing based on the contents of a sealed
criminal record.
The bill requires the Colorado bureau of investigation to produce
an annual report regarding record sealing.
The bill makes clarifying and organizational changes to the record
sealing statutes.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 5-18-103, add (1)(d)2
as follows:3
5-18-103. Definitions. As used in this article 18, unless the4
context otherwise requires:5
(1) "Adverse action" includes:6
(d) T
HE DENIAL OF HOUSING OR ANY OTHER DECISION FOR7
HOUSING PURPOSES THAT ADVERSELY AFFECTS A CURRENT OR8
PROSPECTIVE TENANT.9
SECTION 2. In Colorado Revised Statutes, 5-18-104, amend (2);10
and add (3) as follows:11
5-18-104. Permissible purposes - prohibition. (2) A consumer
12
reporting agency may not, by contract or otherwise, prohibit a user of any13
consumer report or investigative consumer report from, upon request of14
SB22-099-2- the consumer, disclosing and explaining the contents of the report or1
providing SHALL DISCLOSE OR PROVIDE a copy of the report, INCLUDING2
THE NAME AND CONTACT INFORMATION OF THE CONSUMER REPORTING3
AGENCY, to the consumer to whom it relates if adverse action against the4
consumer has been taken or is contemplated by the user of the consumer5
report or investigative consumer report, based in whole or in part on the6
report. No user or consumer reporting agency shall be held liable or7
otherwise responsible for a disclosed or copied report when acting8
pursuant to this subsection (2) nor shall disclosure or provision of a copy9
of the report, by themselves, make the user a consumer reporting agency.10
(3) U
PON WRITTEN REQUEST FROM THE CONSUMER , A CONSUMER11
REPORTING AGENCY SHALL DISCLOSE TO EACH CONSUMER WHOSE REPORT12
CONTAINS INFORMATION FROM CRIMINAL JUSTICE RECORDS , AS DEFINED13
IN SECTION 24-72-302 (4):14
(a) E
ACH SOURCE FROM WHICH THE AGENCY COMPILED THE15
INFORMATION; AND16
(b) T
HE DATE ON WHICH THE INFORMATION WAS REQUESTED .17
SECTION 3. In Colorado Revised Statutes, 5-18-109, amend (2);18
and add (1)(e.5) as follows:19
5-18-109. Reporting of information prohibited - exceptions.20
(1) Except as authorized under subsection (2) of this section, no21
consumer reporting agency shall make any consumer report containing22
any of the following items of information:23
(e.5) R
ECORDS OF CHARGES OR INDICTMENTS PENDING TRIAL ,24
SEALED RECORDS, EXPUNGED RECORDS, AND RECORDS THAT DID NOT25
RESULT IN A CONVICTION;26
(2) The provisions of subsection (1) of this section do not apply27
SB22-099
-3- to the case of any consumer report to be used in connection with:1
(a) A credit transaction involving, or that may reasonably be2
expected to involve, a principal amount of one hundred fifty thousand3
dollars or more;
OR4
(b) The underwriting of life insurance involving, or that may5
reasonably be expected to involve, a face amount of one hundred fifty6
thousand dollars or more. or
7
(c) The employment of an individual at an annual salary that8
equals or is reasonably expected to equal seventy-five thousand dollars9
or more.10
SECTION 4. In Colorado Revised Statutes, 13-3-117, amend11
(1)(d), (2), and (3); and add (1)(a.5) and (4) as follows:12
13-3-117. State court administrator - automatic conviction13
sealing. (1) (a.5) T
HE STATE COURT ADMINISTRATOR SHALL COMPILE A14
LIST OF ELIGIBLE CONVICTIONS, EXCLUDING CRIMES PURSUANT TO SECTION15
24-4.1-302
(1):16
(I) T
HAT ARE ELIGIBLE FOR SEALING PURSUANT TO SECTIONS17
24-72-703
AND 24-72-706; AND18
(II) (A) I
F THE CONVICTION IS FOR A CIVIL INFRACTION, THAT FOUR19
YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF THE CASE ;20
(B) I
F THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR ,21
THAT AT LEAST SEVEN YEARS HAVE PASSED SINCE THE FINAL DISPOSITION22
OF THE CASE;23
(C) I
F THE CONVICTION IS FOR AN ELIGIBLE FELONY , THAT AT24
LEAST TEN YEARS HAVE PASSED SINCE THE DATE OF THE FINAL25
DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT OR26
THE RELEASE OF THE DEFENDANT FROM SUPERVISION CONCERNING A27
SB22-099
-4- CRIMINAL CONVICTION, WHICHEVER IS LATER.1
(d) Beginning July 1, 2024, the state court administrator shall2
compile the list pursuant to this subsection (1) on the first Monday of3
every month and the Colorado bureau of investigation and district4
attorneys shall complete their review within thirty-five days of receiving5
a new list. The court shall seal all conviction records eligible for sealing6
pursuant to the list compiled pursuant to subsection (3)(a) of this section7
within fourteen days of receipt of the amended list from each district8
attorney A QUARTERLY BASIS.9
(2) The state court administrator shall forward the list compiled10
pursuant to subsection (1) of this section to the Colorado bureau of11
investigation. The Colorado bureau of investigation shall compare the list12
with criminal history reports. The Colorado bureau of investigation shall13
complete the comparison based on a fingerprint-based review with14
sufficient points of reference for identification validation as determined15
by the Colorado bureau of investigation. The Colorado bureau of16
investigation shall remove any convictions from the list from the state17
court administrator in which sufficient identification validation cannot be18
made by the Colorado bureau of investigation and any convictions for19
which the defendant has an intervening conviction during the
FOUR-YEAR20
WAITING PERIOD IF THE CONVICTION IS FOR A CIVIL INFRACTION, DURING21
THE seven-year waiting period if the conviction is for a petty offense or22
misdemeanor, or during the ten-year waiting period if the conviction is23
for a felony. The Colorado bureau of investigation shall
COMPLETE ITS24
REVIEW PURSUANT TO THIS SUBSECTION (2) WITHIN THIRTY-FIVE DAYS25
AFTER RECEIVING A NEW LIST FROM THE STATE COURT ADMINISTRATOR26
AND SHALL forward each amended list to each district attorney AND TO27
SB22-099
-5- THE STATE COURT ADMINISTRATOR .1
(3) (a) Upon receipt of the list from the Colorado bureau of2
investigation, each district attorney shall remove convictions from the list3
MAY, WITHIN FORTY-FIVE DAYS, OBJECT TO THE INCLUSION OF A4
CONVICTION ON THE LIST, FOR CIRCUMSTANCES in which a condition of5
plea was that the defendant agreed to not have the conviction record6
sealed and convictions in which the defendant has a pending criminal7
charge
OR AN INTERVENING CONVICTION . Each district attorney shall8
ANNOTATE THE LIST WITH THE SPECIFIC GROUND FOR ANY OBJECTION AND9
KEEP A RECORD OF THE OBJECTIONS . IF THERE ARE OBJECTIONS, THE10
DISTRICT ATTORNEY SHALL send its amended
ANNOTATED list to the state11
court administrator. A
LL CONVICTIONS MUST BE SEALED UNLESS OBJECTED12
TO WITHIN THE FORTY-FIVE-DAY PERIOD AS INELIGIBLE DUE TO PENDING13
CHARGES. The state court administrator shall REMOVE CONVICTIONS14
OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST , IF ANY, AND15
THEN compile each of the lists into one final list and sort the convictions16
by judicial district.17
(b) The district attorney
STATE COURT ADMINISTRATOR shall send18
the final list compiled pursuant to subsection (3)(a) of this section to the19
chief judge for the judicial district. and The courts of that judicial district20
shall enter sealing orders based on the list received
WITHIN FOURTEEN21
DAYS AFTER RECEIPT OF THE AMENDED LIST FROM THE STATE COURT22
ADMINISTRATOR. The district court shall send a copy of the sealing order23
to the Colorado bureau of investigation, the law enforcement agency that24
investigated the case, and the district attorney's office that prosecuted the25
case to facilitate sealing of the records held by those entities. The court26
shall also send a copy to the defendant if the contact information for the27
SB22-099
-6- defendant is available and to the state court administrator for purposes of1
subsection (3)(c) of this section.2
(c) O
N OR BEFORE JULY 1, 2024, the state court administrator shall3
develop a website that allows a defendant to confidentially determine4
whether his or her
THE DEFENDANT'S conviction has been sealed pursuant5
to this section and information about how to receive a copy of the sealing6
order.7
(4) (a) O
N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE8
J
ANUARY 1 EACH YEAR THEREAFTER, THE STATE COURT ADMINISTRATOR9
SHALL REPORT TO THE JUDICIARY COMMITTEES OF THE SENATE AND THE10
HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES , BY11
JUDICIAL DISTRICT AND, TO THE EXTENT POSSIBLE , WITH DATA12
DISAGGREGATED BY RACE AND ETHNICITY AND MISDEMEANORS AND13
FELONIES, THE NUMBER OF CONVICTION RECORDS RECEIVED FROM THE14
STATE COURT ADMINISTRATOR 'S OFFICE IN THE PRIOR CALENDAR YEAR15
THAT:16
(I) W
ERE CONSIDERED FOR AUTOMATIC RECORD SEALING ;17
(II) T
HE COLORADO BUREAU OF INVESTIGATION SEALED18
AUTOMATICALLY;19
(III) T
HE COLORADO BUREAU OF INVESTIGATION DID NOT20
CONSIDER FOR AUTOMATIC SEALING DUE TO LACK OF IDENTIFYING21
INFORMATION;22
(IV) T
HE COLORADO BUREAU OF INVESTIGATION DID NOT SEAL23
DUE TO PENDING CHARGES; AND24
(V) T
HE COLORADO BUREAU OF INVESTIGATION DID NOT SEAL FOR25
ANY OTHER REASON AND THE REASON WHY THE RECORD WAS NOT SEALED .26
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT27
SB22-099
-7- REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.1
SECTION 5. In Colorado Revised Statutes, 18-1.3-101, amend2
(10)(c) as follows:3
18-1.3-101. Pretrial diversion. (10) Diversion outcomes. (c) At4
any point after a diversion agreement is completed, a defendant may5
petition the court to SHALL seal all arrest and other criminal records6
pertaining to the offense using the procedure described in sections7
24-72-704 and 24-72-705. Unless otherwise prohibited under section8
24-72-703 (11), the court shall issue a sealing order if requested by the9
defendant following successful completion of a diversion agreement.10
SECTION 6. In Colorado Revised Statutes, 18-7-201.3, repeal11
(2)(a) and (2)(c) as follows:12
18-7-201.3. Affirmative defense - human trafficking -13
expungement of record protective order - definitions. (2) (a) On or14
after January 1, 2016, a person charged with or convicted of prostitution,15
as described in section 18-7-201, or any corresponding municipal code or16
ordinance, for an offense committed before July 1, 2015, which offense17
was committed as a direct result of being a victim of human trafficking,18
as defined in subsection (4) of this section, may apply to the court for a19
sealing of his or her records pursuant to section 24-72-704 or 24-72-707,20
as applicable.21
(c) An official determination or documentation is not required to22
grant a motion pursuant to this subsection (2), but official documentation23
from a federal, state, local, or tribal government agency indicating that the24
defendant was a victim at the time of the offense creates a presumption25
that his or her participation in the offense was a direct result of being a26
victim.27
SB22-099
-8- SECTION 7. In Colorado Revised Statutes, 18-13-107.3, repeal1
(3) as follows:2
18-13-107.3. Intentional misrepresentation of entitlement to3
an assistance animal - penalty - definitions. (3) (a) A defendant may4
petition the district court of the district in which any conviction records5
pertaining to the defendant's first conviction for intentional6
misrepresentation of entitlement to an assistance animal, as described in7
subsection (1) of this section, are located for the sealing of the conviction8
records, except for basic identifying information.9
(b) If a petition is filed pursuant to paragraph (a) of this subsection10
(3) for the sealing of a record of conviction for intentional11
misrepresentation of entitlement to an assistance animal, the court shall12
order the record sealed if the following criteria are met:13
(I) The petition is filed;14
(II) The filing fee is paid or the defendant has filed a motion to15
file without payment with a supporting financial affidavit and the court16
has granted the motion;17
(III) The defendant's first conviction for intentional18
misrepresentation of entitlement to an assistance animal was at least three19
years prior to the date of the filing of the petition; and20
(IV) The defendant has not had a subsequent conviction for21
intentional misrepresentation of entitlement to an assistance animal.22
(c) An order entered pursuant to this subsection (3) must be23
directed to each custodian who may have custody of any part of the24
conviction records that are the subject of the order. Whenever a court25
enters an order sealing conviction records pursuant to this subsection (3),26
the defendant shall provide the Colorado bureau of investigation and each27
SB22-099
-9- custodian of the conviction records with a copy of the order and shall pay1
to the bureau any costs related to the sealing of his or her criminal2
conviction records that are in the custody of the bureau unless the court3
has granted the motion specified in subparagraph (II) of paragraph (b) of4
this subsection (3). Thereafter, the defendant may request and the court5
may grant an order sealing the civil case in which the conviction records6
were sealed.7
SECTION 8. In Colorado Revised Statutes, 18-13-107.7, repeal8
(3) as follows:9
18-13-107.7. Intentional misrepresentation of a service animal10
for a person with a disability - penalty - definitions. (3) (a) A11
defendant may petition the district court of the district in which any12
conviction records pertaining to the defendant's first conviction for13
intentional misrepresentation of a service animal, as described in14
subsection (1) of this section, are located for the sealing of the conviction15
records, except for basic identifying information.16
(b) If a petition is filed pursuant to paragraph (a) of this subsection17
(3) for the sealing of a record of conviction for intentional18
misrepresentation of a service animal, the court shall order the record19
sealed if the following criteria are met:20
(I) The petition is filed;21
(II) The filing fee is paid or the defendant has filed a motion to22
file without payment with a supporting financial affidavit and the court23
has granted the motion;24
(III) The defendant's first conviction for intentional25
misrepresentation of a service animal was at least three years prior to the26
date of the filing of the petition; and27
SB22-099
-10- (IV) The defendant has not had a subsequent conviction for1
intentional misrepresentation of a service animal.2
(c) An order entered pursuant to this subsection (3) must be3
directed to each custodian who may have custody of any part of the4
conviction records that are the subject of the order. Whenever a court5
enters an order sealing conviction records pursuant to this subsection (3),6
the defendant shall provide the Colorado bureau of investigation and each7
custodian of the conviction records with a copy of the order and shall pay8
to the bureau any costs related to the sealing of his or her criminal9
conviction records that are in the custody of the bureau unless the court10
has granted the motion specified in subparagraph (II) of paragraph (b) of11
this subsection (3). Thereafter, the defendant may request and the court12
may grant an order sealing the civil case in which the conviction records13
were sealed.14
SECTION 9. In Colorado Revised Statutes, 18-13-122, amend15
(13) as follows:16
18-13-122. Illegal possession or consumption of ethyl alcohol17
or marijuana by an underage person - illegal possession of marijuana18
paraphernalia by an underage person - definitions - adolescent19
substance abuse prevention and treatment fund - legislative20
declaration. (13) Sealing of record. (a) Upon dismissal of a case21
pursuant to this section after completion of a deferred judgment or22
diversion or any other action resulting in dismissal of the case or Upon23
completion of the court-ordered substance abuse education and payment24
of any fine for a first conviction of subsection (3) of this section, the court25
shall immediately order the case sealed
PURSUANT TO SECTION 24-72-70426
and provide to the underage person and the prosecutor a copy of the order27
SB22-099
-11- sealing the case for distribution by the appropriate party to all law1
enforcement agencies in the case.2
(b) Upon the expiration of one year from the date of a second or3
subsequent conviction for a violation of subsection (3) of this section, the4
underage person convicted of such violation may petition the court in5
which the conviction was assigned for an order sealing the record of the6
conviction. The petitioner shall submit a verified copy of his or her7
criminal history, current through at least the twentieth day prior to the8
date of the filing of the petition, along with the petition at the time of9
filing, but in no event later than the tenth day after the petition is filed.10
The petitioner shall be responsible for obtaining and paying for his or her11
criminal history record. The court shall grant the petition if the petitioner12
has not been arrested for, charged with, or convicted of any felony,13
misdemeanor, or petty offense during the period of one year following the14
date of the petitioner's conviction for a violation of subsection (3) of this15
section.16
SECTION 10. In Colorado Revised Statutes, 24-72-701, add17
(4.5) and (5.5) as follows:18
24-72-701. Definitions. As used in this part 7, unless the context19
otherwise requires:20
(4.5) "C
RIMINAL JUSTICE RECORDS" MEANS ALL BOOKS, PAPERS,21
CARDS, PHOTOGRAPHS, TAPES, RECORDINGS, OR OTHER DOCUMENTARY22
MATERIALS, REGARDLESS OF FORM OR CHARACTERISTICS, THAT ARE MADE,23
MAINTAINED, OR KEPT BY ANY CRIMINAL JUSTICE AGENCY OR OTHER24
ENTITY, PUBLIC OR PRIVATE, IN THE STATE FOR USE IN THE EXERCISE OF25
FUNCTIONS REQUIRED OR AUTHORIZED BY LAW OR ADMINISTRATIVE RULE ,26
INCLUDING THE RESULTS OF CHEMICAL BIOLOGICAL SUBSTANCE TESTING27
SB22-099
-12- TO DETERMINE GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS1
16-11-102.4
AND 16-23-104.2
(5.5) "D
ISPOSITION" HAS THE SAME MEANING AS SET FORTH IN3
SECTION 24-72-302.4
SECTION 11. In Colorado Revised Statutes, 24-72-703, amend5
(1), (2)(a)(I), (2)(a)(III), (2)(b), (2)(d)(I), (8), and (12)(b); repeal (2)(c);6
and add (2)(a)(VI), (2)(a)(VII), (2)(d)(IV), and (13) as follows:7
24-72-703. Sealing of records - general provisions - order8
applicability - discovery and advisements. (1) Applicability. The
9
provisions of This section shall apply APPLIES to the sealing of arrest and10
criminal records pursuant to sections 24-72-704 to 24-72-710.11
(2) Effect of a sealing order. (a) (I) An order sealing arrest or12
other criminal records does not deny access to the criminal records of a13
petitioner or defendant by any court, law enforcement agency, criminal14
justice agency, prosecuting attorney, or party or GOVERNMENTAL agency15
required by law STATUTE to conduct a criminal history record check on16
an individual,
INCLUDING FOR THE PURPOSE OF COMPLYING WITH17
PROSECUTORIAL DUTIES UNDER RULE 16 OF THE COLORADO RULES OF18
CRIMINAL PROCEDURE TO DISCLOSE CRIMINAL JUSTICE RECORDS IN19
CRIMINAL PROCEEDINGS.20
(III) A conviction
RECORD sealed pursuant to this article 72 may21
be used by a criminal justice agency, law enforcement agency, court, or22
prosecuting attorney for any lawful purpose relating to the investigation23
or prosecution of any case, including but not limited to any subsequent24
case that is filed against the petitioner or defendant;
FOR COLLECTING25
RESTITUTION, FINES, COURT COSTS, LATE FEES, OR OTHER FEES; or for any26
other lawful purpose within the scope of his, her, or its
THE AGENCY'S,27
SB22-099
-13- COURT'S, OR ATTORNEY'S duties. A party or agency required by law to1
conduct a criminal history record check is authorized to use any sealed2
conviction for the lawful purpose for which the criminal history record3
check is required by law.4
(VI) T
HE SEALING OF A RECORD PURSUANT TO THIS ARTICLE 725
DOES NOT PRECLUDE A COURT'S JURISDICTION OVER ANY SUBSEQUENTLY6
FILED MOTION, INCLUDING A MOTION TO AMEND THE RECORD , A7
POSTCONVICTION RELIEF MOTION OR PETITION , OR ANY OTHER MOTION8
CONCERNING A SEALED CONVICTION RECORD .9
(VII) A
DEFENDANT WHOSE RECORD HAS BEEN SEALED OR10
EXPUNGED MAY ACCESS INFORMATION CONTAINED IN THE SEALED RECORD11
FROM THE COLORADO BUREAU OF INVESTIGATION WITHOUT A COURT12
ORDER. IN RESPONSE TO AN INQUIRY FROM THE DEFENDANT , THE13
C
OLORADO BUREAU OF INVESTIGATION SHALL REPLY BOTH PURSUANT TO14
SUBSECTION (2)(b) OF THIS SECTION AND WITH THE INFORMATION AND15
RECORDS UNDERLYING THE SEALED RECORD .16
(b) Except as otherwise provided in subsection (2)(a)(I) of this17
section, upon the entry of an order to seal the criminal records, the18
defendant and all criminal justice agencies
may properly reply, upon an19
inquiry into the matter, that public criminal records do not exist with20
respect to the petitioner or defendant. U
PON A QUERY INTO A SEALED21
RECORD, A CRIMINAL JUSTICE AGENCY SHALL REPLY THAT A PUBLIC22
CRIMINAL RECORD DOES NOT EXIST WITH RESPECT TO THE DEFENDANT23
WHO IS THE SUBJECT OF THE SEALED RECORD .24
(c) Except as otherwise provided in subsection (2)(a)(I) of this
25
section, inspection of the records included in an order sealing criminal26
records may thereafter be permitted by the court only upon petition by the27
SB22-099
-14- petitioner or defendant.1
(d) (I) Except as otherwise provided in subsection (2)(a)(I) of this2
section, employers, state and local government agencies, officials,3
landlords, and employees, AND ANY OTHER ENTITY shall not require an4
applicant to disclose any information contained in sealed conviction5
CRIMINAL JUSTICE records in any application or interview or in any other6
way. An applicant does not need to include a reference to or information7
concerning the sealed conviction records in answer to any question8
concerning conviction records that have been sealed and may state that9
the applicant has not been criminally convicted. An application may not10
be denied solely because of the applicant's refusal to disclose conviction11
records that have been sealed.12
(IV) (A) I
T IS AN UNFAIR EMPLOYMENT PRACTICE PURSUANT TO13
SECTION 24-34-402 FOR AN EMPLOYER TO DISCHARGE OR REFUSE TO14
PROMOTE AN EMPLOYEE OR TO REFUSE TO HIRE AN INDIVIDUAL BECAUSE15
OF THE CONTENTS OF A RECORD SEALED PURSUANT TO THIS ARTICLE 7216
UNLESS THE EMPLOYER IS AUTHORIZED BY LAW TO CONSIDER SEALED17
CRIMINAL JUSTICE RECORDS.18
(B) I
T IS AN UNFAIR HOUSING PRACTICE PURSUANT TO SECTION19
24-34-502
FOR A PERSON TO REFUSE TO SHOW, SELL, TRANSFER, RENT, OR20
LEASE ANY HOUSING; REFUSE TO RECEIVE AND TRANSMIT ANY BONA FIDE21
OFFER TO BUY, SELL, RENT, OR LEASE ANY HOUSING; OR OTHERWISE MAKE22
UNAVAILABLE OR DENY OR WIT HHOLD FROM AN INDIVIDUAL ANY HOUSING23
BECAUSE OF THE CONTENTS OF A RECORD SEALED PURSUANT TO THIS24
ARTICLE 72 UNLESS THE PERSON IS AUTHORIZED BY LAW TO CONSIDER25
SEALED CRIMINAL JUSTICE RECORDS.26
(8) Service of sealing order. The court shall direct a sealing order27
SB22-099
-15- entered pursuant to this part 7 to each custodian who may have custody1
of any part of the conviction CRIMINAL JUSTICE records OR ARREST AND2
CRIMINAL RECORDS INFORMATION that are the subject of the order. THE3
COURT SHALL DIRECT THAT THE SEALING ORDER APPLIES TO PUBLIC AND4
PRIVATE CUSTODIANS OF THE RECORDS . Whenever a court enters an order5
sealing conviction CRIMINAL JUSTICE records, the defendant COURT shall6
provide the Colorado bureau of investigation and each custodian of the7
conviction records with a copy of the order. The petitioner shall provide8
DEFENDANT MAY SERVE a private OR PUBLIC custodian with a copy of the9
order. and send the private custodian an electronic notification of the10
order. Each private custodian that receives a copy of the order from the11
petitioner DEFENDANT shall remove the records that are subject to an12
order from its database
AND SHALL SECURE AND KEEP CONFIDENTIAL ANY13
RECORDS IN THE CUSTODIAN'S POSSESSION. The defendant shall pay to the14
bureau any costs related to the sealing of his or her
THE DEFENDANT'S15
criminal conviction JUSTICE records in the custody of the bureau, UNLESS16
THE DEFENDANT DEMONSTRATES THAT THE RECORDS SHOULD HAVE BEEN17
AUTOMATICALLY SEALED PURSUANT TO SECTION 13-3-117, 24-72-704, OR18
24-72-705. Thereafter, the defendant may request and the court may grant19
an order sealing the civil case in which the conviction records were20
sealed.21
(12) Exclusions. (b) Conviction records must not be sealed if the22
defendant still owes NEITHER THE COURT NOR THE STATE COURT23
ADMINISTRATOR'S OFFICE SHALL FACTOR IN OR TAKE INTO CONSIDERATION24
ANY UNPAID restitution, fines, court costs, late fees, or other fees ordered25
by the court in the case that is the subject of the motion to seal unless the26
court that entered the order has vacated the order WHEN THE COURT IS27
SB22-099
-16- DETERMINING WHETHER THE RECORD SHOULD BE SEALED .1
(13) T
HE ELIGIBILITY OF AN OFFENSE MUST BE DETERMINED BY2
THE CLASSIFICATION OF THE OFFENSE AT THE TIME OF CONSIDERING3
RECORD SEALING.4
SECTION 12. In Colorado Revised Statutes, 24-72-704, amend5
(2)(b)(I)(B); repeal (1)(d); and add (6) as follows:6
24-72-704. Sealing of arrest records when no charges filed -7
automatic sealing. (1) (d) Inspection of the records included in an order
8
sealing criminal records may be permitted by the court only upon petition9
by the person who is the subject of the records or by the prosecuting10
attorney and only for those purposes named in the petition.11
(2) (b) (I) For arrests without a conviction after January 1, 2019,12
but before January 1, 2022, the Colorado bureau of investigation shall13
automatically seal an arrest record that is in its custody and control of a14
person when no criminal charges have been filed:15
(B) Within eighteen months after the date of arrest for a16
misdemeanor offense, a misdemeanor traffic offense,
A CIVIL INFRACTION,17
a petty offense, a municipal ordinance violation for which the statute of18
limitations is eighteen months or less, or if there is no indication of the19
classification of the crime in the arrest data.20
(6) (a) B
EGINNING NOVEMBER 1, 2023, AND ANNUALLY21
THEREAFTER, THE COLORADO BUREAU OF INVESTIGATION SHALL REPORT22
TO THE JUDICIARY COMMITTEES OF THE SENATE AND THE HOUSE OF23
REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES , BY JUDICIAL24
DISTRICT AND, TO THE EXTENT POSSIBLE, WITH DATA DISAGGREGATED BY25
RACE AND ETHNICITY AND FOR MISDEMEANORS AND FELONIES :26
(I) T
HE NUMBER OF ARREST RECORDS CONSIDERED FOR SEALING ;27
SB22-099
-17- (II) THE NUMBER OF ARREST RECORDS SEALED ;1
(III) T
HE NUMBER OF ARREST RECORDS NOT SEALED BECAUSE2
CHARGES WERE FILED; AND3
(IV) T
HE NUMBER OF ARREST RECORDS NOT SEALED FOR ANY4
OTHER REASON AND THE REASON WHY EACH RECORD WAS NOT SEALED .5
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT6
REQUIRED IN THIS SUBSECTION (6) CONTINUES INDEFINITELY.7
SECTION 13. In Colorado Revised Statutes, 24-72-705, amend8
(1)(a) introductory portion, (1)(b), (1)(c), and (2) as follows:9
24-72-705. Sealing criminal justice records other than10
convictions - simplified process - applicability. (1) (a) O
N ITS OWN11
MOTION AND AT THE TIME OF DISPOSITION , the court shall order the12
defendant's criminal justice records sealed when:13
(b) If the court did not order the record sealing at the time of the14
dismissal or acquittal, the defendant may make such motion at any time
15
subsequent to the dismissal or acquittal through the filing of a written16
motion in the criminal case with written notice to the prosecuting attorney17
C
OLORADO BUREAU OF INVESTIGATION SHALL AUTOMATICALLY SEAL THE18
RECORD UPON RECEIPT OF DISPOSITION IN THE CASE , UNLESS THE19
DEFERRED JUDGMENT IS INELIGIBLE FOR SEALING PURSUANT TO SECTION20
24-72-703 (12)(d).21
(c) If the defendant moves pursuant to subsection (1)(a) of this
22
section to seal his or her criminal justice records pursuant to the expedited23
procedures of this section, the court shall promptly process the24
defendant's request to seal the criminal justice records within the criminal25
case without the filing of an independent civil action and without any26
further evidence except for evidence of the dismissal or acquittal.27
SB22-099
-18- Motions filed pursuant to this section are procedural in nature, and1
sealing pursuant to this section applies retroactively for all eligible cases2
when the case has been completely dismissed or the defendant has been3
acquitted of all counts in a state or municipal criminal case.4
(2) (a) A defendant moving to have his or her criminal justice5
records sealed or a defendant who has his or her criminal justice records6
sealed by the court pursuant to this section shall pay a processing fee of7
sixty-five dollars to cover the actual costs related to the sealing of the8
criminal justice records, which the court may waive upon a determination9
of indigency IF THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES10
NOT OCCUR, THE DEFENDANT MAY MAKE A MOTION TO SEAL IN THE11
CRIMINAL CASE THE RECORD AT ANY TIME SUBSEQUENT TO THE DISMISSAL12
OR ACQUITTAL THROUGH THE FILING OF A WRITTEN MOTION . THE13
DEFENDANT MAY MAKE THE MOTION WITHOUT BEING CHARGED FEES OR14
COSTS.15
(b) When the motion to seal the criminal case is filed in state16
court, the processing fees collected pursuant to subsection (2)(a) of this17
section must be transmitted to the state treasurer and credited to the18
judicial stabilization cash fund created in section 13-32-101 (6).19
(c) When the motion to seal the criminal case is filed in municipal20
court, the processing fees collected pursuant to subsection (2)(a) of this21
section must be reported and paid as municipal costs and must be22
transmitted to the treasurer of the municipality and deposited in the23
general fund of the municipality pursuant to section 13-10-115.24
SECTION 14. In Colorado Revised Statutes, 24-72-706, amend25
(1)(b)(I), (1)(f)(I), and (1)(h); repeal (1)(e) and (2)(c); and add26
(1)(b)(I.5), (1)(b)(III.3), and (1)(b)(III.5) as follows:27
SB22-099
-19- 24-72-706. Sealing of criminal justice records - processing fee.1
(1) Sealing of conviction records. (b) (I) If the offense is a
CIVIL2
INFRACTION, A petty offense, or a drug petty offense, the motion may be3
filed one year after the later of the date of the final disposition of all4
criminal
proceedings against the defendant or the release of the defendant5
from supervision concerning a criminal conviction.6
(I.5) I
F THE OFFENSE IS A SECOND OR SUBSEQUENT CONVICTION7
FOR A VIOLATION OF SECTION 18-13-122 (3), THE MOTION MAY BE FILED8
ONE YEAR AFTER THE DATE OF THE SECOND OR SUBSEQUENT CONVICTION ,9
AND THE COURT SHALL ORDER THAT THE MOTION BE GRANTED IF THE10
DEFENDANT HAS NOT BEEN CONVICTED OF AND IS NOT CURRENTLY11
CHARGED WITH ANY FELONY , MISDEMEANOR, OR PETTY OFFENSE DURING12
THE PERIOD OF ONE YEAR AFTER THE DATE OF THE DEFENDANT 'S13
CONVICTION FOR A VIOLATION OF SECTION 18-13-122 (3).14
(III.3) N
OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION,15
IF THE OFFENSE IS A FIRST CONVICTION FOR INTENTI ONAL16
MISREPRESENTATION OF ENTITLEMENT TO AN ASSISTANCE ANIMAL AS17
DESCRIBED IN SECTION 18-13-107.3 (1), THE DEFENDANT MAY FILE A18
MOTION THREE YEARS AFTER THE CONVICTION AND THE COURT SHALL19
ORDER THE RECORD SEALED IF THE DEFENDANT DOES NOT HAVE A20
SUBSEQUENT CONVICTION FOR INTENTIONAL MISREPRESENTATION OF21
ENTITLEMENT TO AN ASSISTANCE ANIMAL .22
(III.5) I
F THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL23
MISREPRESENTATION OF A SERVICE ANIMAL , AS DESCRIBED IN SECTION24
18-13-107.7
(1), THE DEFENDANT MAY FILE A MOTION THREE YEARS AFTER25
THE CONVICTION, AND THE COURT SHALL ORDER THE RECORD SEALED IF26
THE DEFENDANT DOES NOT HAVE A SUBSEQUENT CONVICTION FOR27
SB22-099
-20- INTENTIONAL MISREPRESENTATION OF A SERVICE ANIMAL .1
(e) Conviction records may not be sealed if the defendant still2
owes restitution, fines, court costs, late fees, or other fees ordered by the3
court in the case that is the subject of the motion to seal conviction4
records, unless the court that entered the order for restitution, fines, court5
costs, late fees, or other fees vacated the order.6
(f) (I) If a motion is filed for the sealing of a
CIVIL INFRACTION, A7
petty offense,
A petty drug offense, or, notwithstanding any provision of8
this part 7 to the contrary, an offense for the possession of marijuana, the9
court shall order that the records be sealed after the motion is filed and10
the criminal history filed with the court documents to the court that the11
defendant has not been convicted of a criminal
AN offense since the date12
of the final disposition of all criminal proceedings against the defendant13
or since the date of the defendant's release from supervision, whichever14
is later.15
(h) A defendant who files a motion to seal criminal justice16
conviction records pursuant to this section shall pay a processing fee of17
sixty-five dollars to cover the actual costs related to the sealing of the18
criminal justice records. which the court may waive upon a determination19
of indigency. The defendant shall pay to the Colorado bureau of20
investigation any costs related to the sealing of his or her THE21
DEFENDANT'S criminal conviction JUSTICE records in the custody of the22
bureau. T
HE COURT SHALL WAIVE THE PROCESSING FEE UPON A23
DETERMINATION THAT:24
(I) T
HE DEFENDANT IS INDIGENT; OR25
(II) T
HE DEFENDANT'S RECORDS SHOULD HAVE BEEN26
AUTOMATICALLY SEALED PURSUANT TO SECTION 13-3-117, 24-72-704, OR27
SB22-099
-21- 24-72-705.1
(2) (c) This section does not apply to records that are subject to2
the procedure set forth in section 18-13-122 (13).3
SECTION 15. In Colorado Revised Statutes, 24-72-707, amend4
(3)(b); and add (1.5) as follows:5
24-72-707. Sealing of criminal conviction records information6
for offenses committed by victims of human trafficking. (1.5) A7
PERSON CHARGED WITH OR CONVICTED OF PROSTITUTION , AS DESCRIBED8
IN SECTION 18-7-201, OR ANY CORRESPONDING MUNICIPAL CODE OR9
ORDINANCE, WHICH OFFENSE WAS COMMITTED AS A DIRECT RESULT OF10
BEING A VICTIM OF HUMAN TRAFFICKING , AS DEFINED IN SECTION11
18-7-201.3
(4) , MAY FILE A MOTION WITH THE COURT FOR A SEALING OF12
THE PERSON'S RECORDS.13
(3) The court shall order the records sealed after:14
(b) The defendant establishes by a preponderance of the evidence15
that, at the time he or she
THE DEFENDANT committed the offense, he or16
she THE DEFENDANT had been trafficked by another person, as described17
in section 18-3-503 or 18-3-504, for the purpose of performing the18
offense. O
FFICIAL DOCUMENTATION FROM A FEDERAL , STATE, LOCAL, OR19
TRIBAL GOVERNMENT AGENCY INDICATING THAT THE DEFENDANT WAS A20
VICTIM OF HUMAN TRAFFICKING AT THE TIME OF THE OFFENSE CREATES A21
PRESUMPTION THAT THE DEFENDANT 'S PARTICIPATION IN THE OFFENSE22
WAS THE DIRECT RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING .23
SECTION 16. In Colorado Revised Statutes, 24-72-708, amend24
(1)(a)(I) introductory portion and (1)(a)(II) as follows:25
24-72-708. Sealing of criminal conviction records information26
for municipal offenses for convictions. (1) Sealing of conviction27
SB22-099
-22- records. (a) (I) A defendant may file a motion IN THE CRIMINAL CASE IN1
THE MUNICIPAL COURT in which any conviction records pertaining to the2
defendant for a municipal violation are located for the sealing of the3
conviction records, except basic identification information, if:4
(II) Notwithstanding the provisions of subsection (1)(a)(I)(B) of5
this section, a defendant may petition the district court of the district in6
which any conviction records pertaining to the defendant for a municipal7
violation, except a municipal assault or battery offense in which the8
underlying factual basis involves domestic violence, as defined in section9
18-6-800.3 (1), or any other municipal violation in which the underlying10
factual basis involves domestic violence, as defined in section 18-6-800.311
(1), or petty offense FILE A MOTION IN WHICH ANY CONVICTION RECORDS12
PERTAINING TO THE DEFENDANT FOR A MUNICIPAL VIOLATION are located13
for the sealing of the conviction records, except basic identification14
information, if:15
(A) The defendant was
SUBSEQUENTLY convicted of a single16
offense that was not a felony and did not involve domestic violence as17
defined in section 18-6-800.3 (1), unlawful sexual behavior as defined in18
section 16-22-102 (9), or child abuse as defined in section 18-6-401;19
(B) That offense occurred within three years of
AFTER the date of20
the final disposition of all criminal proceedings against him or her THE21
DEFENDANT related to the conviction that the defendant is seeking to have22
sealed or within three years of AFTER the date of the defendant's release23
from supervision related to the conviction that the defendant is seeking24
to have sealed, whichever is later; and25
(C) The defendant has not been convicted of a felony,26
misdemeanor, or misdemeanor traffic offense in the ten or more years27
SB22-099
-23- since the date of the final disposition of all criminal proceedings against1
him or her THE DEFENDANT for the subsequent criminal case or in the ten2
or more years since the date of the defendant's release from supervision3
for the subsequent case, whichever is later;
AND4
(D) T
HE CONVICTION THAT THE DEFENDANT IS SEEKING TO HAVE5
SEALED IS NOT AN OFFENSE IN WHICH THE UNDERLYING FACTUAL BASIS6
INVOLVES DOMESTIC VIOLENCE , AS DEFINED IN SECTION 18-6-800.3 (1).7
SECTION 17. In Colorado Revised Statutes, 24-72-709, amend8
(2)(a); and repeal (4)(b) as follows:9
24-72-709. Sealing of criminal conviction records information10
for multiple conviction records. (2) (a) If the offense or highest offense11
of the multiple offenses is an
ELIGIBLE CIVIL INFRACTION, eligible petty12
offense, or eligible petty drug offense, the petition may be filed two years13
after the later of the date of the final disposition of all criminal
14
proceedings against the defendant or the release of the defendant from15
supervision concerning the conviction, or the latest in time criminal16
conviction of the multiple convictions.17
(4) (b) Conviction records may not be sealed if the defendant still18
owes restitution, fines, court costs, late fees, or other fees ordered by the19
court in the case that is the subject of the petition to seal conviction20
records, unless the court that entered the order for restitution, fines, court21
costs, late fees, or other fees has vacated the order.22
SECTION 18. Act subject to petition - effective date. This act23
takes effect at 12:01 a.m. on the day following the expiration of the24
ninety-day period after final adjournment of the general assembly; except25
that, if a referendum petition is filed pursuant to section 1 (3) of article V26
of the state constitution against this act or an item, section, or part of this27
SB22-099
-24- act within such period, then the act, item, section, or part will not take1
effect unless approved by the people at the general election to be held in2
November 2022 and, in such case, will take effect on the date of the3
official declaration of the vote thereon by the governor.4
SB22-099
-25-