SENATE BILL 22-099
BY SENATOR(S) Hisey and Rodriguez, Bridges, Buckner, Coleman,
Donovan, Fields, Gardner, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee,
Lundeen, Moreno, Priola, Story, Fenberg;
also REPRESENTATIVE(S) Tipper and Larson, Amabile, Bernett,
Boesenecker, Daugherty, Duran, Exum, Herod, Hooton, Jodeh, Kipp,
Lindsay, Lontine, McCluskie, Roberts, Soper, Weissman, Garnett
.
C
ONCERNING THE PROCEDURE FOR SEALING OF CRIMINAL RECORDS FOR
NONVIOLENT OFFENSES
, AND, IN CONNECTION THEREWITH ,
ADDRESSING WORKFORCE SHORTAGES , MINIMIZING BARRIERS TO
EMPLOYMENT FOR JOB SEEKERS
, AND MAKING AN APPROPRIATION .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 5-18-105
as follows:
5-18-105. Consumer reports - accuracy of information.
Whenever a consumer reporting agency prepares a consumer report,
INCLUDING REPORTS THAT INCLUDE CRIMINAL JUSTICE RECORDS , the agency
shall follow reasonable procedures to assure maximum possible accuracy
of the information concerning the consumer about whom the report relates,
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. including the use of the consumer's social security number if, in accordance
with section 5-18-104 (1)(c)(I), the consumer's social security number is
provided to the consumer reporting agency by a person intending to use the
information contained in a consumer report in connection with a credit
transaction involving the consumer and the social security number was
initially provided to the user by the consumer in connection with that
transaction. A
CONSUMER REPORTING AGENCY SHALL EXCLUDE SEALED AND
EXPUNGED RECORDS FROM A CONSUMER REPORT
, UNLESS THE USER OF THE
REPORT DEMONSTRATES THAT THE USER IS OTHERWISE REQUIRED TO
CONSIDER THE INFORMATION PURSUANT TO STATE OR FEDERAL STATUTE
,
RULE, OR REGULATION.
SECTION 2. In Colorado Revised Statutes, 5-18-109, amend (2);
and add (1)(e.5) as follows:
5-18-109. Reporting of information prohibited - exceptions.
(1) Except as authorized under subsection (2) of this section, no consumer
reporting agency shall make any consumer report containing any of the
following items of information:
(e.5) S
EALED RECORDS, EXPUNGED RECORDS, AND RECORDS THAT
DID NOT RESULT IN A CONVICTION
;
(2) The provisions of subsection (1) of this section do not apply to
the case of any consumer report to be used in connection with:
(a) A credit transaction involving, or that may reasonably be
expected to involve, a principal amount of one hundred fifty thousand
dollars or more;
OR
(b) The underwriting of life insurance involving, or that may
reasonably be expected to involve, a face amount of one hundred fifty
thousand dollars or more. or
(c) The employment of an individual at an annual salary that equals
or is reasonably expected to equal seventy-five thousand dollars or more.
SECTION 3. In Colorado Revised Statutes, 13-3-117, amend
(1)(b), (1)(d), (2), and (3); and add (1)(a.5) and (4) as follows:
PAGE 2-SENATE BILL 22-099 13-3-117. State court administrator - automatic conviction
sealing. (1) (a.5) T
HE STATE COURT ADMINISTRATOR SHALL COMPILE A LIST
OF ELIGIBLE CONVICTIONS
, EXCLUDING CRIMES PURSUANT TO SECTION
24-4.1-302 (1):
(I) T
HAT ARE ELIGIBLE FOR SEALING PURSUANT TO SECTIONS
24-72-703 AND 24-72-706; AND
(II) (A) IF THE JUDGMENT IS FOR A CIVIL INFRACTION, THAT FOUR
YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF THE CASE
;
(B) I
F THE CONVICTION IS FOR A PETTY OFFENSE OR MISDEMEANOR ,
THAT AT LEAST SEVEN YEARS HAVE PASSED SINCE THE FINAL DISPOSITION OF
THE CASE
;
(C) I
F THE CONVICTION IS FOR AN ELIGIBLE FELONY, THAT AT LEAST
TEN YEARS HAVE PASSED SINCE THE DATE OF THE FINAL DISPOSITION OF ALL
CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE OF THE
DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL CONVICTION
,
WHICHEVER IS LATER.
(b) The state court administrator shall use the state conviction
database and the conviction databases of entities that do not report
convictions to the state database to compile the list. The state court
administrator shall compile the list based on a name-based review with
sufficient points of reference for identification validation as determined by
the state court administrator. The state court administrator must only include
convictions on the list if sufficient points of validation, as determined by the
state court administrator, are present. T
HE STATE COURT ADMINISTRATOR
SHALL NOT INCLUDE ANY CASE IN WHICH THERE IS NO FINAL DISPOSITION ON
ALL CHARGES IN THE CASE
. THE STATE COURT ADMINISTRATOR SHALL NOT
INCLUDE ANY JUDGMENTS FOR WHICH THE DEFE NDANT HAS AN INTERVENING
JUDGMENT DURING THE FOUR
-YEAR WAITING PERIOD IF THE JUDGEMENT IS
FOR A CIVIL INFRACTION AND SHALL NOT INCLUDE ANY CONVICTIONS FOR
WHICH THE DEFENDANT HAS AN INTERVENING C ONVICTION DURING THE
SEVEN
-YEAR WAITING PERIOD IF THE CONVICTION IS FOR A PETTY OFFENSE
OR MISDEMEANOR OR DURING THE TEN
-YEAR WAITING PERIOD IF THE
CONVICTION IS FOR A FELONY
. The state court administrator shall sort the list
by judicial district of conviction.
PAGE 3-SENATE BILL 22-099 (d) Beginning July 1, 2024, the state court administrator shall
compile the A list OF DRUG CONVICTIONS, MISDEMEANORS, AND PETTY
OFFENSES THAT ARE ELIGIBLE
pursuant to this subsection (1) on the firstMonday of every month and the Colorado bureau of investigation and
district attorneys shall complete their review within thirty-five days of
receiving a new list. The court shall seal all conviction records eligible for
sealing pursuant to the list compiled pursuant to subsection (3)(a) of this
section within fourteen days of receipt of the amended list from each district
attorney A QUARTERLY BASIS. THE STATE COURT ADMINISTRATOR SHALL
INCLUDE THE ELIGIBLE FELONY CONVICTIONS NOT FOUND IN ARTICLE
18 OF
TITLE
18 PURSUANT TO SUBSECTION (1)(a.5) OF THIS SECTION BEGINNING ON
JULY 1, 2025.
(2) The state court administrator shall forward the list compiled
pursuant to subsection (1) of this section to the Colorado bureau of
investigation. EACH DISTRICT ATTORNEY, EXCEPT FOR CIVIL INFRACTIONS.
T
HE STATE COURT ADMINISTRATOR SHALL SEND THE LIST OF CIVIL
INFRACTIONS TO BE SEALED WITH THE FINAL LIST PURSUANT TO SUBSECTION
(3)(b) OF THIS SECTION TO THE CHIEF JUDGE FOR EACH JUDICIAL DISTRICT .
The Colorado bureau of investigation shall compare the list
with criminal
history reports. The Colorado bureau of investigation shall complete the
comparison based on a fingerprint-based review with sufficient points of
reference for identification validation as determined by the Colorado bureau
of investigation. The Colorado bureau of investigation shall remove any
convictions from the list from the state court administrator in which
sufficient identification validation cannot be made by the Colorado bureau
of investigation and any convictions for which the defendant has an
intervening conviction during the seven-year waiting period if the
conviction is for a petty offense or misdemeanor, or during the ten-year
waiting period if the conviction is for a felony. The Colorado bureau of
investigation shall forward each amended list to each district attorney.
(3) (a) (I) Upon receipt of the list from the Colorado bureau of
investigation STATE COURT ADMINISTRATOR, each ELECTED district attorney,
OR HIS OR HER DESIGNEE, shall remove convictions from the list MAY,
WITHIN FORTY-FIVE DAYS, OBJECT TO THE INCLUSION OF A CONVICTION ON
THE LIST FOR CIRCUMSTANCES
in which a condition of THE plea was that the
defendant agreed to not have the conviction record sealed, and
convictions
in which the defendant has a pending criminal charge,
AN INTERVENING
CONVICTION
, OR CONVICTIONS THAT ARE INELIGIBLE FOR SEALING . Each PAGE 4-SENATE BILL 22-099 district attorney shall send its amended list to the state court administrator.
The state court administrator shall compile each of the lists into one final
list and sort the convictions by judicial district.
(II) FOR A FELONY CONVICTION FOR AN OFFENSE NOT IN ARTICLE 18
OF TITLE 18, IN ADDITION TO THE OBJECTIONS IN SUBSECTION (3)(a)(I) OF
THIS SECTION
, EACH DISTRICT ATTORNEY MAY , WITHIN FORTY-FIVE DAYS,
OBJECT WHEN THE DISTRICT ATTORNEY HAS A REASONABLE BELIEF ,
GROUNDED IN SUPPORTING FACTS , THAT THE PUBLIC INTEREST AND PUBLIC
SAFETY IN RETAINING PUBLIC ACCESS TO THE CURRENT RECORD OR CASE
OUTWEIGHS THE PRIVACY INTEREST OF
, OR ADVERSE CONSEQUENCES TO, THE
DEFENDANT
.
(III) E
ACH DISTRICT ATTORNEY SHALL FILE A NOTICE WITH THE
COURT IN THE CRIMINAL CASE THAT IS THE SUBJECT OF THE RECORD
WITHOUT THE NEED FOR ADDITIONAL SERVICE ON ANY PARTY
, NOTING THE
BASIS OF THE OBJECTION
.
(IV)
FOR OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
SECTION
, THE NOTICE MUST EXPLAIN THE BASIS FOR THE OBJECTION AND
INCLUDE ANY AVAILABLE SUPPORTING DOCUMENTS
. IN SUCH CASES, THE
COURT SHALL SERVE NOTICE ON THE DEFENDANT AT THE DEFENDANT
'S LAST
KNOWN ADDRESS AND EXPLAIN IN PLAIN LANGUAGE THAT THE DEFENDANT
MAY REQUEST A HEARING ON THE MATTER
. IF THE DEFENDANT REQUESTS A
HEARING
, THE COURT SHALL PROCEED PURSUANT TO SECTION 24-72-706.
(V) T
HE STATE COURT ADMINISTRATOR SHALL REMOVE THE
CONVICTIONS OBJECTED TO BY THE DISTRICT ATTORNEYS FROM THE LIST
, IF
ANY
, AND THEN COMPILE EACH OF THE LISTS INTO ONE FINAL LIST AND SORT
THE CONVICTIONS BY JUDICIAL DISTRICT
. ALL CONVICTIONS FROM THE
INITIAL LISTS SHALL BE INCLUDED UNLESS OBJECTED TO WITHIN THE
FORTY
-FIVE-DAY PERIOD AS INELIGIBLE UNDER SUBSECTION (3)(a)(I),
(3)(a)(II), or (3)(a)(III)
OF THIS SECTION.
(b) (I) The district attorney
STATE COURT ADMINISTRATOR shall send
the final list compiled pursuant to subsection (3)(a) SUBSECTION (3)(a)(V)
of this section to the chief judge for the judicial district. and The courts of
that judicial district shall enter sealing orders based on the list received
WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE AMENDED LIST FROM THE
STATE COURT ADMINISTRATOR
.
PAGE 5-SENATE BILL 22-099 (II) The district court shall send a copy of the sealing order to the
Colorado bureau of investigation, the law enforcement agency that
investigated the case, and the district attorney's office that prosecuted the
case to facilitate sealing of the records held by those entities THE DISTRICT
ATTORNEY
'S OFFICES. The court shall also send a copy to the defendant ifthe contact information for the defendant is available and to the state court
administrator for purposes of subsection (3)(c) SUBSECTIONS (3)(b)(III) AND
(3)(c) of this section.
(III) T
HE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY
SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION
(3)(b)
TO THE COLORADO BUREAU OF INVESTIGATION USING AN
INFORMATION
-SHARING DATA TRANSFER TO FACILITATE SEALING OF THE
RECORDS HELD BY THE
COLORADO BUREAU OF INVESTIGATION .
(IV) T
HE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER
PURSUANT TO SECTION
24-72-703 (2)(c) AND SERVE THE SEALING ORDER ON
ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION
24-72-703 (8),
INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE CASE .
(c) O
N OR BEFORE JULY 1, 2024, the state court administrator shall
develop a website that allows a defendant to confidentially determine
whether his or her
THE DEFENDANT'S conviction has been sealed pursuant
to this section and information about how to receive a copy of the sealing
order.
(4) (a) O
N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE
JANUARY 1 EACH YEAR THEREAFTER, THE STATE COURT ADMINISTRATOR
SHALL REPORT TO THE JUDICIAR Y COMMITTEES OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES
, OR THEIR SUCCESSOR COMMITTEES , BY
JUDICIAL DISTRICT AND
, TO THE EXTENT POSSIBLE , WITH DATA
DISAGGREGATED BY RACE AND SEX AND BY OFFENSE LEVEL
, THE NUMBER OF
CONVICTION RECORDS IN THE PRIOR CALENDAR YEAR THAT
:
(I) W
ERE CONSIDERED FOR AUTOMATIC RECORD SEALING ;
(II) T
HE STATE COURT ADMINISTRATOR SENT TO THE CHIEF JUDGES
FOR EACH JUDICIAL DISTRICT
; AND
(III) THE DISTRICT ATTORNEYS OBJECTED TO DUE TO :
PAGE 6-SENATE BILL 22-099 (A) INTERVENING CONVICTIONS;
(B) T
HE INELIGIBILITY OF THE OFFENSE;
(C) P
ENDING CHARGES;
(D) P
LEA AGREEMENTS WAIVING THE RIGHT TO RECORD SEALING ;
AND
(E) OBJECTIONS PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
SECTION
.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT
REQUIRED IN THIS SUBSECTION
(4) CONTINUES INDEFINITELY.
(c) D
URING THE 2023 AND 2024 LEGISLATIVE SESSIONS, THE
JUDICIAL DEPARTMENT SHALL REPORT ON THE PROGRESS OF ITS
IMPLEMENTATION OF SECTION
13-3-117, INCLUDING THE CREATION OF THE
WEBSITE PURSUANT TO SUBSECTION
(3)(c) OF THIS SECTION, AS PART OF THE
DEPARTMENT
'S "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE,
AND TRANSPARENT (SMART) GOVERNMENT ACT" HEARING REQUIRED BY
SECTION
2-7-203.
SECTION 4. In Colorado Revised Statutes, 18-1.3-101, amend
(10)(c); and add (10)(f) as follows:
18-1.3-101. Pretrial diversion. (10) Diversion outcomes. (c) At
any point after a diversion agreement is completed, a defendant may
petition the court to SHALL seal all arrest and other criminal records
pertaining to the offense using the procedure described in sections
24-72-704 and 24-72-705. Unless otherwise prohibited under section
24-72-703 (11), the court shall issue a sealing order if requested by the
defendant following successful completion of a diversion agreement.
(f) (I) UPON COMPLETION OF DIVERSION IN A CASE MANAGED BY A
DISTRICT ATTORNEY DIVERSION PROGRAM PRIOR TO CHARGES BEING FILED
,
THE DISTRICT ATTORNEY SHALL SEAL THE DISTRICT ATTORNEY 'S DIVERSION
RECORD WITHOUT A COURT ORDER
. THIS SUBSECTION (10)(f) DOES NOT
APPLY TO CASES WITH OFFENSES LISTED IN SECTION
24-4.1-302 (1).
PAGE 7-SENATE BILL 22-099 (II) THE DISTRICT ATTORNEY SHALL NOTIFY THE COLORADO BUREAU
OF INVESTIGATION AND THE LAW ENFORCEMENT AGENCY THAT HAD
CONTACT WITH THE INDIVIDUAL THAT DIVERSION IS COMPLETE AND THE
CRIMINAL JUSTICE RECORDS ARE SEALED
. ANY LAW ENFORCEMENT AGENCY
THAT RECEIVES A NOTICE SHALL ACKNOWLEDGE RECEIPT OF THE NOTICE
.
T
HE COLORADO BUREAU OF INVESTIGATION , LAW ENFORCEMENT AGENCY ,
DIVERSION PROVIDER, AND DISTRICT ATTORNEY SHALL TREAT THE RECORDS
AS SEALED WITHIN THIRTY
-FIVE DAYS AFTER THE COMPLETION OF
DIVERSION
, AND ALL PROVISIONS OF SECTION 24-72-703 SHALL APPLY TO
THOSE RECORDS
.
SECTION 5. In Colorado Revised Statutes, 18-7-201.3, repeal
(2)(a) and (2)(c) as follows:
18-7-201.3. Affirmative defense - human trafficking -
expungement of record protective order - definitions. (2) (a) On or after
January 1, 2016, a person charged with or convicted of prostitution, as
described in section 18-7-201, or any corresponding municipal code or
ordinance, for an offense committed before July 1, 2015, which offense was
committed as a direct result of being a victim of human trafficking, as
defined in subsection (4) of this section, may apply to the court for a sealing
of his or her records pursuant to section 24-72-704 or 24-72-707, as
applicable.
(c) An official determination or documentation is not required to
grant a motion pursuant to this subsection (2), but official documentation
from a federal, state, local, or tribal government agency indicating that the
defendant was a victim at the time of the offense creates a presumption that
his or her participation in the offense was a direct result of being a victim.
SECTION 6. In Colorado Revised Statutes, 18-13-107.3, repeal (3)
as follows:
18-13-107.3. Intentional misrepresentation of entitlement to an
assistance animal - penalty - definitions. (3) (a) A defendant may petition
the district court of the district in which any conviction records pertaining
to the defendant's first conviction for intentional misrepresentation of
entitlement to an assistance animal, as described in subsection (1) of this
section, are located for the sealing of the conviction records, except for
basic identifying information.
PAGE 8-SENATE BILL 22-099 (b) If a petition is filed pursuant to paragraph (a) of this subsection
(3) for the sealing of a record of conviction for intentional
misrepresentation of entitlement to an assistance animal, the court shall
order the record sealed if the following criteria are met:
(I) The petition is filed;
(II) The filing fee is paid or the defendant has filed a motion to file
without payment with a supporting financial affidavit and the court has
granted the motion;
(III) The defendant's first conviction for intentional
misrepresentation of entitlement to an assistance animal was at least three
years prior to the date of the filing of the petition; and
(IV) The defendant has not had a subsequent conviction for
intentional misrepresentation of entitlement to an assistance animal.
(c) An order entered pursuant to this subsection (3) must be directed
to each custodian who may have custody of any part of the conviction
records that are the subject of the order. Whenever a court enters an order
sealing conviction records pursuant to this subsection (3), the defendant
shall provide the Colorado bureau of investigation and each custodian of the
conviction records with a copy of the order and shall pay to the bureau any
costs related to the sealing of his or her criminal conviction records that are
in the custody of the bureau unless the court has granted the motion
specified in subparagraph (II) of paragraph (b) of this subsection (3).
Thereafter, the defendant may request and the court may grant an order
sealing the civil case in which the conviction records were sealed.
SECTION 7. In Colorado Revised Statutes, 18-13-107.7, repeal (3)
as follows:
18-13-107.7. Intentional misrepresentation of a service animal
for a person with a disability - penalty - definitions. (3) (a) A defendant
may petition the district court of the district in which any conviction records
pertaining to the defendant's first conviction for intentional
misrepresentation of a service animal, as described in subsection (1) of this
section, are located for the sealing of the conviction records, except for
basic identifying information.
PAGE 9-SENATE BILL 22-099 (b) If a petition is filed pursuant to paragraph (a) of this subsection
(3) for the sealing of a record of conviction for intentional
misrepresentation of a service animal, the court shall order the record sealed
if the following criteria are met:
(I) The petition is filed;
(II) The filing fee is paid or the defendant has filed a motion to file
without payment with a supporting financial affidavit and the court has
granted the motion;
(III) The defendant's first conviction for intentional
misrepresentation of a service animal was at least three years prior to the
date of the filing of the petition; and
(IV) The defendant has not had a subsequent conviction for
intentional misrepresentation of a service animal.
(c) An order entered pursuant to this subsection (3) must be directed
to each custodian who may have custody of any part of the conviction
records that are the subject of the order. Whenever a court enters an order
sealing conviction records pursuant to this subsection (3), the defendant
shall provide the Colorado bureau of investigation and each custodian of the
conviction records with a copy of the order and shall pay to the bureau any
costs related to the sealing of his or her criminal conviction records that are
in the custody of the bureau unless the court has granted the motion
specified in subparagraph (II) of paragraph (b) of this subsection (3).
Thereafter, the defendant may request and the court may grant an order
sealing the civil case in which the conviction records were sealed.
SECTION 8. In Colorado Revised Statutes, 18-13-122, amend (13)
as follows:
18-13-122. Illegal possession or consumption of ethyl alcohol or
marijuana by an underage person - illegal possession of marijuana
paraphernalia by an underage person - definitions - adolescent
substance abuse prevention and treatment fund - legislative
declaration. (13) Sealing of record. (a) Upon dismissal of a case pursuant
to this section after completion of a deferred judgment or diversion or any
other action resulting in dismissal of the case or Upon completion of the
PAGE 10-SENATE BILL 22-099 court-ordered substance abuse education and payment of any fine for a first
conviction of subsection (3) of this section, the court shall immediately
order the case sealed
PURSUANT TO SECTION 24-72-704 and provide to the
underage person and the prosecutor a copy of the order sealing the case for
distribution by the appropriate party to all law enforcement agencies in the
case.
(b) Upon the expiration of one year from the date of a second or
subsequent conviction for a violation of subsection (3) of this section, the
underage person convicted of such violation may petition the court in which
the conviction was assigned for an order sealing the record of the
conviction. The petitioner shall submit a verified copy of his or her criminal
history, current through at least the twentieth day prior to the date of the
filing of the petition, along with the petition at the time of filing, but in no
event later than the tenth day after the petition is filed. The petitioner shall
be responsible for obtaining and paying for his or her criminal history
record. The court shall grant the petition if the petitioner has not been
arrested for, charged with, or convicted of any felony, misdemeanor, or
petty offense during the period of one year following the date of the
petitioner's conviction for a violation of subsection (3) of this section.
SECTION 9. In Colorado Revised Statutes, 24-72-701, add (2.5),
(4.5), and (5.5) as follows:
24-72-701. Definitions. As used in this part 7, unless the context
otherwise requires:
(2.5) "C
ONVICTION" MEANS A CRIMINAL JUDGMENT OF CONVICTION
AND DOES NOT INCLUDE INFRACTIONS THAT CONSTITUTE CIVIL MATTERS
.
(4.5) "C
RIMINAL JUSTICE RECORDS" MEANS ALL BOOKS, PAPERS,
CARDS, PHOTOGRAPHS, TAPES, RECORDINGS, OR OTHER DOCUMENTARY
MATERIALS
, REGARDLESS OF FORM OR CHARACTERISTICS , THAT ARE MADE,
MAINTAINED, OR KEPT BY ANY CRIMINAL JUSTICE AGENCY OR OTHER ENTITY ,
PUBLIC OR PRIVATE, IN THE STATE FOR USE IN THE EXERCISE OF FUNCTIONS
REQUIRED OR AUTHORIZED BY LAW OR ADMINISTRATIVE RULE
, INCLUDING
THE RESULTS OF CHEMICAL BIOLOGICAL SUBSTANCE TESTING TO DETERMINE
GENETIC MARKERS CONDUCTED PURSUANT TO SECTIONS
16-11-102.4 AND
16-23-104.
PAGE 11-SENATE BILL 22-099 (5.5) "DISPOSITION" HAS THE SAME MEANING AS SET FORTH IN
SECTION
24-72-302.
SECTION 10. In Colorado Revised Statutes, 24-72-703, amend
(1), (2)(a)(I), (2)(a)(III), (2)(b), (2)(c), (2)(d)(I), (8), and (12)(b); and add
(2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), and (2)(d)(IV) as follows:
24-72-703. Sealing of records - general provisions - order
applicability - discovery and advisements. (1) Applicability. Theprovisions of This section shall apply APPLIES to the sealing of arrest and
criminal
JUSTICE records pursuant to sections 24-72-704 to 24-72-710.
S
UBSECTIONS (2), (4), (5), (6), (7), AND (12) OF THIS SECTION APPLY TO THE
AUTOMATIC SEALING OF CRIMINAL JUSTICE RECORDS PURSUANT TO SECTION
13-3-117.
(2) Effect of a sealing order. (a) (I) An order sealing arrest or other
criminal records does not deny access to the criminal records of a petitioner
or defendant by any court, law enforcement agency, criminal justice agency,
prosecuting attorney, or
party, or GOVERNMENTAL agency required by law
STATUTE OR RULES OR REGULATIONS to conduct a criminal history record
check on an individual,
INCLUDING FOR THE PURPOSE OF A PROSECUTOR
COMPLYING WITH PROSECUTORIAL DUTIES UNDER RULE
16 OF THE
COLORADO RULES OF CRIMINAL PROCEDURE TO DISCLOSE CRIMINAL JUSTICE
RECORDS IN CRIMINAL PROCEEDINGS
.
(III) A conviction
RECORD sealed pursuant to this article 72 AND
SECTION
13-3-117 may be used by a criminal justice agency, law
enforcement agency, court, or prosecuting attorney for any lawful purpose
relating to the investigation or prosecution of any case, including but not
limited to any subsequent case that is filed against the petitioner or
defendant;
FOR COLLECTING FINES, COURT COSTS, LATE FEES, OR OTHER
FEES
; or for any other lawful purpose within the scope of his, her, or its
THE
AGENCY
'S, COURT'S, OR ATTORNEY'S duties. A party or agency required by
law to conduct a criminal history record check is authorized to use any
sealed conviction for the lawful purpose for which the criminal history
record check is required by law.
(VI) T
HE SEALING OF A RECORD PURSUANT TO THIS ARTICLE 72 AND
SECTION
13-3-117 DOES NOT PRECLUDE A COURT'S JURISDICTION OVER ANY
SUBSEQUENTLY FILED MOTION
, INCLUDING A MOTION TO AMEND THE
PAGE 12-SENATE BILL 22-099 RECORD, A POSTCONVICTION RELIEF MOTION OR PETITION , OR ANY OTHER
MOTION CONCERNING A SEALED CONVICTION RECORD
.
(VII) A
DEFENDANT WHOSE RECORD HAS BEEN SEALED OR
EXPUNGED MAY ACCESS INFORMATION CONTAINED IN THE SEALED RECORD
FROM THE
COLORADO BUREAU OF INVESTIGATION WIT HOUT A COURT ORDER .
I
N RESPONSE TO AN INQUIRY FROM THE DEFENDANT , THE COLORADO
BUREAU OF INVESTIGATION SHALL REPLY BOTH PURSUANT TO SUBSECTION
(2)(b) OF THIS SECTION AND WITH THE INFORMATION AND RECORDS
UNDERLYING THE SEALED RECORD
.
(VIII) A
PROSECUTING ATTORNEY'S ACCESS TO RECORDS PURSUANT
TO THIS SUBSECTION
(2) DOES NOT REQUIRE A COURT ORDER .
(b) Except as otherwise provided in subsection (2)(a)(I) of this
section, upon the entry of an order to seal the criminal records, the
defendant and all criminal justice agencies
may properly reply, upon an
inquiry into the matter, that public criminal records do not exist with respect
to the petitioner or defendant. U
PON AN INQUIRY INTO A SEALED RECORD, A
CRIMINAL JUSTICE AGENCY SHALL REPLY THAT A PUBLIC CRIMINAL RECORD
DOES NOT EXIST WITH RESPECT TO THE DEFENDANT WHO IS THE SUBJECT OF
THE SEALED RECORD
.
(c) Except as otherwise provided in subsection (2)(a)(I) of this
section, inspection of the records included in an order sealing criminal
records may thereafter be permitted by the court only upon petition by the
petitioner or defendant. THE PERSON WHO IS THE SUBJECT OF THE RECORDS
AND THE PROSECUTING ATTORNEY MAY INSPECT THE RECORDS INCLUDED IN
AN ORDER SEALING CRIMINAL RECORDS WITHOUT A COURT ORDER AND ONLY
FOR THE PURPOSES PERMITTED BY LAW
.
(d) (I) Except as otherwise provided in subsection (2)(a)(I) of this
section, employers, state and local government agencies, officials,
landlords, and
employees, AND ANY OTHER ENTITY shall not require an
applicant to disclose any information contained in sealed conviction
CRIMINAL JUSTICE records in any application or interview or in any other
way. An applicant does not need to include a reference to or information
concerning the sealed conviction
records in answer to any question
concerning conviction records that have been sealed and may state that the
applicant has not been criminally convicted. An application may not be
PAGE 13-SENATE BILL 22-099 denied solely because of the applicant's refusal to disclose conviction
records that have been sealed.
(IV) S
EALED COURT RECORDS ARE OPEN TO INSPECTION WITHOUT
COURT ORDER TO ANY PERSON OR AGENCY FOR RESEARCH PURPOSES IF ALL
OF THE FOLLOWING CONDITIONS ARE MET
:
(A) T
HE PERSON OR AGENCY CONDUCTING THE RESEARCH IS
EMPLOYED BY THE STATE OF
COLORADO OR IS UNDER CONTRACT WITH THE
STATE OF
COLORADO OR OTHER GOVERNMENTAL SUBDIVISION AND IS
AUTHORIZED BY THE STATE OR SUBDIVISION TO CONDUCT THE RESEARCH
;
(B) T
HE PERSON OR AGENCY CONDUCTING THE RESEARCH ENSURES
THAT ALL DOCUMENTS CONTAINING IDENTIFYING INFORMATION ARE
MAINTAINED IN SECURE LOCATIONS AND ACCESS TO SUCH DOCUMENTS BY
UNAUTHORIZED PERSONS IS PROHIBITED
, THAT NO IDENTIFYING
INFORMATION IS INCLUDED IN DOCUMENTS GENERATED FROM THE RESEARCH
CONDUCTED
, AND THAT ALL IDENTIFYING INFORMATION IS DELETED FROM
DOCUMENTS USED IN THE RESEARCH WHEN THE RESEARCH IS COMPLETED
;
(C) T
HE PERSON OR AGENCY ONLY RELEASES ANY DATA IN
AGGREGATE FORM
;
(D) I
F APPLICABLE, WHEN PUBLICLY REPORTING DE -IDENTIFIED
AGGREGATE INFORMATION ABOUT CRIMINAL JUSTICE ISSUES
, THE
INFORMATION WOULD BE INACCURATE WITHOUT THE INCLUSION OF SEALED
RECORD INFORMATION
;
(E) I
F APPLICABLE, WHEN THE PURPOSE OF THE RESEARCH CANNOT
BE ACCOMPLISHED WITHOUT THE INCLUSION OF DE
-IDENTIFIED SEALED
RECORD INFORMATION
; AND
(F) IF APPLICABLE, WHEN THE PERSON OR AGENCY CONDUCTING THE
RESEARCH IS ALSO CONDUCTING DATA MAINTENANCE OR DATA LINKAGE ON
BEHALF OF A CUSTODIAN OF CRIMINAL JUSTICE RECORDS AND REQUIRES
ACCESS TO IDENTIFIED SEALED RECORD INFORMATION
.
(8) Service of sealing order. The court shall direct a sealing order
entered pursuant to this part 7 to each custodian who may have custody of
any part of the conviction
CRIMINAL JUSTICE records OR ARREST AND
PAGE 14-SENATE BILL 22-099 CRIMINAL RECORDS INFORMATION that are the subject of the order. THE
COURT SHALL DIRECT THAT THE SEALING ORDER APPLIES TO PUBLIC AND
PRIVATE CUSTODIANS OF THE RECORDS
. Whenever a court enters an order
sealing conviction CRIMINAL JUSTICE records, the defendant COURT shall
provide the Colorado bureau of investigation and each custodian of the
conviction
records with a copy of the order. The petitioner shall provide
DEFENDANT MAY SERVE a private OR PUBLIC custodian with a copy of the
order. and send the private custodian an electronic notification of the order.
Each private custodian that receives a copy of the order from the petitioner
DEFENDANT shall remove the records that are subject to an order from its
database
AND SHALL SECURE AND KEEP CONFIDENTIAL ANY RECORDS IN THE
CUSTODIAN
'S POSSESSION. The defendant shall pay to the bureau any costs
related to the sealing of his or her
THE DEFENDANT'S criminal conviction
JUSTICE records in the custody of the bureau, UNLESS THE DEFENDANT
DEMONSTRATES THAT THE RECORDS SHOULD HAVE BEEN AUTOMATICALLY
SEALED PURSUANT TO SECTION
13-3-117, 24-72-704, OR 24-72-705.
Thereafter, the defendant may request and the court may grant an order
sealing the civil
case in which the conviction records were sealed.
(12) Exclusions. (b) Conviction records must not be sealed if the
defendant still owes restitution, NEITHER THE COURT NOR THE STATE COURT
ADMINISTRATOR
'S OFFICE SHALL FACTOR IN OR TAKE INTO CONSIDERATION
ANY UNPAID
fines, court costs, late fees, or other fees ordered by the court
in the case that is the subject of the motion to seal unless the court that
entered the order has vacated the order WHEN THE COURT IS DETERMINING
WHETHER THE RECORD SHOULD BE SEALED
.
SECTION 11. In Colorado Revised Statutes, 24-72-704, amend
(1)(d) and (2)(b)(I)(B); and add (6) as follows:
24-72-704. Sealing of arrest records when no charges filed -
automatic sealing. (1) (d) Inspection of the records included in an ordersealing criminal records may be permitted by the court only upon petition
by the person who is the subject of the records or by the prosecuting
attorney and only for those purposes named in the petition. THE PERSON
WHO IS THE SUBJECT OF THE RECORDS AND THE PROSECUTING ATTORNEY
MAY INSPECT THE RECORDS INCLUDED IN AN ORDER SEALING CRIMINAL
RECORDS WITHOUT A COURT ORDER AND ONLY FOR THE PURPOSES
PERMITTED BY LAW
.
PAGE 15-SENATE BILL 22-099 (2) (b) (I) For arrests without a conviction after January 1, 2019, but
before January 1, 2022, the Colorado bureau of investigation shall
automatically seal an arrest record that is in its custody and control of a
person when no criminal charges have been filed:
(B) Within eighteen months after the date of arrest for a
misdemeanor offense, a misdemeanor traffic offense,
A CIVIL INFRACTION,
a petty offense, a municipal ordinance violation for which the statute of
limitations is eighteen months or less, or if there is no indication of the
classification of the crime in the arrest data.
(6) (a) B
EGINNING NOVEMBER 1, 2023, AND ANNUALLY
THEREAFTER
, THE COLORADO BUREAU OF INVESTIGATION SHALL REPORT
THE NUMBER OF ARREST RECORDS SEALED TO THE JUDICIARY COMMITTEES
OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
, OR THEIR SUCCESSOR
COMMITTEES
, BY JUDICIAL DISTRICT AND, TO THE EXTENT POSSIBLE, WITH
DATA DISAGGREGATED BY RACE AND SEX AND BY OFFENSE LEVEL
.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORT
REQUIRED IN THIS SUBSECTION
(6) CONTINUES INDEFINITELY.
SECTION 12. In Colorado Revised Statutes, 24-72-705, amend
(1)(a) introductory portion, (1)(b), (1)(c), and (2); and add (1)(a.5) as
follows:
24-72-705. Sealing criminal justice records other than
convictions - simplified process - applicability. (1) (a) O
N ITS OWN
MOTION
, the court shall order the defendant's criminal justice records sealed
when:
(a.5) T
HE COURT SHALL NOT REQUIRE A WRITTEN MOTION OR ANY
OTHER WRITTEN PLEADINGS FOR SEAL ING PURSUANT TO THIS SECTION
. THE
COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS
SUBSECTION
(1) AT THE TIME OF DISPOSITION AND SHALL SERVE THE SEALING
ORDER PURSUANT TO SECTION
24-72-703(8) NO LATER THAN TWENTY-EIGHT
DAYS AFTER THE DATE OF DISPOSITION
.
(b) If the court did not order the record sealing at the time of the
dismissal or acquittal, the defendant may make such motion at any time
subsequent to the dismissal or acquittal through the filing of a written
PAGE 16-SENATE BILL 22-099 motion in the criminal case with written notice to the prosecuting attorney
COLORADO BUREAU OF INVESTIGATION SHALL AUTOMATICALLY SEAL THE
RECORD UPON RECEIPT OF DISPOSITION IN THE CASE
, UNLESS THE DEFERRED
JUDGMENT IS INELIGIBLE FOR SEALING PURS UANT TO SECTION
24-72-703
(12)(d).
(c) If the defendant moves pursuant to subsection (1)(a) of this
section to seal his or her criminal justice records pursuant to the expedited
procedures of this section, the court shall promptly process the defendant's
request to seal the criminal justice records within the criminal case without
the filing of an independent civil action and without any further evidence
except for evidence of the dismissal or acquittal. Motions filed pursuant to
this section are procedural in nature, and sealing pursuant to this section
applies retroactively for all eligible cases when the case has been
completely dismissed or the defendant has been acquitted of all counts in
a state or municipal criminal case.
(2) (a) A defendant moving to have his or her criminal justice
records sealed or a defendant who has his or her criminal justice records
sealed by the court pursuant to this section shall pay a processing fee of
sixty-five dollars to cover the actual costs related to the sealing of the
criminal justice records, which the court may waive upon a determination
of indigency IF THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES NOT
OCCUR
, THE DEFENDANT MAY MAKE A MOTION TO SEAL IN THE CRIMINAL
CASE THE RECORD AT ANY TIME SUBSEQUENT TO THE DISMISSAL OR
ACQUITTAL THROUGH THE FILING OF A WRITTEN MOTION
. THE DEFENDANT
MAY MAKE THE MOTION WITHOUT BEING CHARGED FEES OR COSTS
.
(b) When the motion to seal the criminal case is filed in state court,
the processing fees collected pursuant to subsection (2)(a) of this section
must be transmitted to the state treasurer and credited to the judicial
stabilization cash fund created in section 13-32-101 (6).
(c) When the motion to seal the criminal case is filed in municipal
court, the processing fees collected pursuant to subsection (2)(a) of this
section must be reported and paid as municipal costs and must be
transmitted to the treasurer of the municipality and deposited in the general
fund of the municipality pursuant to section 13-10-115.
SECTION 13. In Colorado Revised Statutes, 24-72-706, amend
PAGE 17-SENATE BILL 22-099 (1)(b)(I), (1)(e), (1)(f)(I), and (1)(h); repeal (2)(c); and add (1)(b)(I.5),
(1)(b)(III.3), (1)(b)(III.5), and (1)(i) as follows:
24-72-706. Sealing of criminal justice records - processing fee.
(1) Sealing of conviction records. (b) (I) If the offense is a
CIVIL
INFRACTION
, A petty offense, or a drug petty offense, the motion may be
filed one year after the later of the date of the final disposition of all
criminal
proceedings against the defendant or the release of the defendant
from supervision concerning a criminal conviction.
(I.5) I
F THE OFFENSE IS A SECOND OR SUBSEQUENT CONVICTION FOR
A VIOLATION OF SECTION
18-13-122 (3), THE MOTION MAY BE FILED ONE
YEAR AFTER THE DATE OF THE SECOND OR SUBSEQUENT CONVICTION
, AND
THE COURT SHALL ORDER THAT THE MOTION BE GRANTED IF THE DEFENDANT
HAS NOT BEEN CONVICTED OF OR IS NOT CURRENTLY CHARGED WITH ANY
FELONY
, MISDEMEANOR, OR PETTY OFFENSE DURING THE PERIOD OF ONE
YEAR AFTER THE DATE OF THE DEFENDANT
'S CONVICTION FOR A VIOLATION
OF SECTION
18-13-122 (3).
(III.3) N
OTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS SECTION,
IF THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL
MISREPRESENTATION OF ENTITLEMENT TO AN ASSISTANCE ANIMAL AS
DESCRIBED IN SECTION
18-13-107.3 (1), THE DEFENDANT MAY FILE A MOTION
THREE YEARS AFTER THE CONVICTION AND THE COURT SHALL ORDER THE
RECORD SEALED IF THE DEFENDANT DOES NOT HAVE A SUBSEQUENT
CONVICTION FOR INTENTIONAL MISREPRESENTATION OF ENTITLEMENT TO AN
ASSISTANCE ANIMAL
.
(III.5) I
F THE OFFENSE IS A FIRST CONVICTION FOR INTENTIONAL
MISREPRESENTATION OF A SERVICE ANIMAL
, AS DESCRIBED IN SECTION
18-13-107.7 (1), THE DEFENDANT MAY FILE A MOTION THREE YEARS AFTER
THE CONVICTION
, AND THE COURT SHALL ORDER THE RECORD SEALED IF THE
DEFENDANT DOES NOT HAVE A SUBSEQUENT CONVICTION FOR INTENTIONAL
MISREPRESENTATION OF A SERVICE ANIMAL
.
(e) Conviction records may not be sealed if the defendant still owes
restitution, fines, court costs, late fees, or other fees ordered by the court in
the case that is the subject of the motion to seal conviction records, unless
the court that entered the order for restitution fines, court costs, late fees, or
other fees vacated the order.
PAGE 18-SENATE BILL 22-099 (f) (I) If a motion is filed for the sealing of a CIVIL INFRACTION, A
petty offense, A petty drug offense, or, notwithstanding any provision of this
part 7 to the contrary, an offense for the possession of marijuana, the court
shall order that the records be sealed after the motion is filed and the
criminal history filed with the court documents to the court that the
defendant has not been convicted of a criminal
AN offense since the date of
the final disposition of all criminal proceedings against the defendant or
since the date of the defendant's release from supervision, whichever is
later.
(h) A defendant who files a motion to seal criminal justice
conviction
records pursuant to this section shall pay a processing fee of
sixty-five dollars to cover the actual costs related to the sealing of the
criminal justice records. which the court may waive upon a determination
of indigency. The defendant shall pay to the Colorado bureau of
investigation any costs related to the sealing of his or her THE DEFENDANT'S
criminal conviction JUSTICE records in the custody of the bureau. THE
COURT SHALL WAIVE THE PROCESSING FEE UPON A DETERMINATION THAT
:
(I) T
HE DEFENDANT IS INDIGENT; OR
(II) THE DEFENDANT 'S RECORDS SHOULD HAVE BEEN
AUTOMATICALLY SEALED PURSUANT TO SECTION
13-3-117, 24-72-704, OR
24-72-705.
(i) T
HE COURT SHALL DETERMINE ELIGIBILITY OF A DRUG OFFENSE
COMMITTED BEFORE
OCTOBER 1, 2013, BY THE CLASSIFICATION OF THE
OFFENSE AT THE TIME OF CONSIDERING THE RECORD SEALING
.
(2) (c) This section does not apply to records that are subject to the
procedure set forth in section 18-13-122 (13).
SECTION 14. In Colorado Revised Statutes, 24-72-707, amend
(3)(b); and add (1.5) as follows:
24-72-707. Sealing of criminal conviction records information
for offenses committed by victims of human trafficking. (1.5) A
PERSON
CHARGED WITH OR CONVICTED OF PROSTITUTION
, AS DESCRIBED IN SECTION
18-7-201, OR ANY CORRESPONDING MUNICIPAL CODE OR ORDINANCE , WHICH
OFFENSE WAS COMMITTED AS A DIRECT RESULT OF BEING A VICTIM OF
PAGE 19-SENATE BILL 22-099 HUMAN TRAFFICKING, AS DEFINED IN SECTION 18-7-201.3 (4) , MAY FILE A
MOTION WITH THE COURT FOR A SEALING OF THE PERSON
'S RECORDS.
(3) The court shall order the records sealed after:
(b) The defendant establishes by a preponderance of the evidence
that, at the time he or she
THE DEFENDANT committed the offense, he or she
THE DEFENDANT had been trafficked by another person, as described in
section 18-3-503 or 18-3-504, for the purpose of performing the offense.
O
FFICIAL DOCUMENTATION FROM A FEDERAL , STATE, LOCAL, OR TRIBAL
GOVERNMENT AGENCY INDICATING THAT THE DEFENDANT WAS A VICTIM OF
HUMAN TRAFFICKING AT THE TIME OF THE OFFENSE CREATES A PRESUMPTION
THAT THE DEFENDANT
'S PARTICIPATION IN THE OFFENSE WAS THE DIRECT
RESULT OF BEING A VICTIM OF HUMAN TRAFFICKING
.
SECTION 15. In Colorado Revised Statutes, repeal and reenact,
with amendments, 24-72-708 as follows:
24-72-708. Sealing of criminal conviction records information
for municipal offenses for convictions. (1) Sealing of conviction
records. A
DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN WHICH
ANY CONVICTION RECORDS PERTAINING TO THE DEFE NDANT FOR A
MUNICIPAL VIOLATION ARE LOCATED FOR THE SEALING OF THE CONVICTION
RECORDS WITHIN THE TIME FRAMES DESCRIBED IN SUBSECTION
(3)(a) OF THIS
SECTION
, EXCEPT BASIC IDENTIFICATION INFORMATION , IF:
(a) T
HE DEFENDANT HAS NOT BEEN CHARGED WITH OR CONVICTED
OF A FELONY
, MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE
DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST
THE DEFENDANT OR THE DATE OF THE DEFENDANT
'S RELEASE FROM
SUPERVISION
, WHICHEVER IS LATER; AND
(b) THE CONVICTION RECORDS SOUGHT TO BE SEALED ARE NOT FOR
A MISDEMEANOR TRAFFIC OFFENSE COMMITTED EITHER BY A HOLDER OF A
COMMERCIAL LEARNER
'S PERMIT OR A COMMERCIAL DRIVER 'S LICENSE, AS
DEFINED IN SECTION
42-2-402, OR BY THE OPERATOR OF A COMMERCIAL
MOTOR VEHICLE
, AS DEFINED IN SECTION 42-2-402.
(2) Sealing of conviction records with a single subsequent
offense. N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (1)(a) OF THIS
PAGE 20-SENATE BILL 22-099 SECTION, A DEFENDANT MAY FILE A MOTION IN THE CRIMINAL CASE IN WHICH
ANY CONVICTION RECORDS PERTAINING TO THE DEFENDANT FOR A
MUNICIPAL VIOLATION OR PETTY OFFENSE ARE LOCATED FOR THE SEALING
OF THE CONVICTION RECORDS WITHIN THE TIME FRAMES DESCRIBED IN
SUBSECTION
(3)(b) OF THIS SECTION, EXCEPT BASIC IDENTIFICATION
INFORMATION
, IF:
(a) T
HE DEFENDANT WAS CONVICTED OF A SINGLE OFFENSE THAT
WAS NOT A FELONY AND DID NOT INVOLVE DOMESTIC VIOLENCE AS DEFINED
IN SECTION
18-6-800.3 (1), UNLAWFUL SEXUAL BEHAVIOR AS DEFINED IN
SECTION
16-22-102 (9), OR CHILD ABUSE AS DEFINED IN SECTION 18-6-401;
(b) T
HE DEFENDANT HAS NOT BEEN CONVICTED OF A FELONY ,
MISDEMEANOR, OR MISDEMEANOR TRAFFIC OFFENSE SINCE THE DATE OF THE
FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT
FOR THE SUBSEQUENT CRIMINAL CASE OR SINCE THE DATE OF THE
DEFENDANT
'S RELEASE FROM SUPERVISION FOR THE SUBSEQUENT CASE ,
WHICHEVER IS LATER; AND
(c) THE CONVICTION SOUGHT TO BE SEALED IS NOT A MUNICIPAL
ASSAULT OR BATTERY OFFENSE IN WHICH THE UNDERLYING FACTUAL BASIS
INVOLVES DOMESTIC VIOLENCE
, AS DEFINED IN SECTION 18-6-800.3 (1), OR
ANY OTHER MUNICIPAL VIOLATION IN WHICH THE UNDERLYING FACTUAL
BASIS INVOLVES DOMESTIC VIOLENCE
, AS DEFINED IN SECTION 18-6-800.3
(1).
(3) Timing for filing motions. (a) A
MOTION FILED PURSUANT TO
SUBSECTION
(1) OF THIS SECTION MAY BE FILED THREE YEARS AFTER THE
LATER OF THE DATE OF THE FINAL DISPOSITION OF ALL CRIMINAL
PROCEEDINGS AGAINST THE DEFENDANT OR THE RELEASE OF THE
DEFENDANT FROM SUPERVISION CONCERNING A CRIMINAL CONVICTION
.
(b) A
MOTION FILED PURSUANT TO SUBSECTION (2) OF THIS SECTION
MAY BE FILED TEN YEARS AFTER THE DATE OF THE FINAL DISPOSITION OF ALL
CRIMINAL PROCEEDINGS AGAINST THE DEFENDANT FOR THE SUBSEQUENT
CRIMINAL CASE OR TEN YEARS AFTER THE DATE OF THE DEFENDANT
'S
RELEASE FROM SUPERVISION FOR THE SUBSEQUENT CRIMINAL CASE
,
WHICHEVER IS LATER.
(4) U
PON FILING THE MOTION, THE DEFENDANT SHALL PAY THE
PAGE 21-SENATE BILL 22-099 FILING FEE REQUIRED BY LAW.
(5) (a) U
PON THE FILING OF A MOTION, THE COURT SHALL REVIEW
THE MOTION AND DETERMINE WHETHER THERE ARE GROUNDS PURSUANT TO
THIS SECTION TO PROCEED TO A HEARING ON THE PETITION
. IF THE COURT
DETERMINES THAT THE MOTION ON ITS FACE IS INSUFFICIENT OR IF THE
COURT DETERMINES THAT
, AFTER TAKING JUDICIAL NOTICE OF MATTERS
OUTSIDE THE MOTION
, THE DEFENDANT IS NOT ENTITLED TO RELIEF
PURSUANT TO THIS SECTION
, THE COURT SHALL ENTER AN ORDER DENYING
THE MOTION AND MAIL A COPY OF THE ORDER TO THE DEFENDANT
. THE
COURT
'S ORDER SHALL SPECIFY THE REASONS FOR THE DENIAL OF THE
MOTION
.
(b) I
F THE COURT DETERMINES THAT THE PETITION IS SUFFICIENT ON
ITS FACE AND THAT NO OTHER GROUNDS EXIST AT THAT TIME FOR THE COURT
TO DENY THE PETITION PURSUANT TO THIS SECTION
, THE COURT SHALL
GRANT THE MOTION UNLESS THE PROSECUTION FILES AN OBJECTION
. IF THE
PROSECUTION FILES A WRITTEN OBJECTION
, THE COURT SHALL SET A DATE
WITHIN FORTY
-TWO DAYS AFTER THE FILING OF THE MOTION FOR A HEARING
AND THE COURT SHALL NOTIFY THE PROSECUTION
, THE MUNICIPAL POLICE
DEPARTMENT OR LOCAL LAW ENFORCEMENT AGENCY
, AND ANY OTHER
PERSON OR AGENCY IDENTIFIED BY THE DEFENDANT
.
(c) A
FTER THE HEARING DESCRIBED IN SUBSECTION (5)(b) OF THIS
SECTION IS CONDUCTED AND IF THE COURT FINDS THAT THE HARM TO THE
PRIVACY OF THE DEFENDANT OR THE DANGERS OF UNWARRANTED
, ADVERSE
CONSEQUENCES TO THE DEFENDANT OUTWEIGH THE PUBLIC INTEREST IN
RETAINING PUBLIC ACCESS TO THE CONVICTION RECORDS
, THE COURT MAY
ORDER THE CONVICTION RECORDS
, EXCEPT BASIC IDENTIFICATION
INFORMATION
, TO BE SEALED. IN MAKING THIS DETERMINATION, THE COURT
SHALL CONSIDER THE FACTORS IN SECTION
24-72-706 (1)(g).
(d) P
URSUANT TO SECTION 24-72-703 (12)(b), THE COURT SHALL NOT
FACTOR IN OR TAKE INTO CONSIDERATION ANY UNPAID FINES
, COURT COSTS,
LATE FEES, OR OTHER FEES ORDERED BY THE COURT IN THE CASE THAT IS THE
SUBJECT OF THE MOTION TO SEAL WHEN THE COURT IS DETERMINING
WHETHER THE RECORD SHOULD BE SEALED
. CONVICTION RECORDS MAY NOT
BE SEALED IF THE DEFENDANT STILL OWES RESTITUTION UNLESS THE COURT
THAT ENTERED THE ORDER FOR RESTITUTION VACATED THE ORDER
.
PAGE 22-SENATE BILL 22-099 SECTION 16. In Colorado Revised Statutes, 24-72-709, amend
(2)(a) and (4)(b) as follows:
24-72-709. Sealing of criminal conviction records information
for multiple conviction records. (2) (a) If the offense or highest offense
of the multiple offenses is an
ELIGIBLE CIVIL INFRACTION AND NOT AN
OFFENSE OR CIVIL INFRACTION LISTED IN SUBSECTION
(5)(a) OF THIS
SECTION
, eligible petty offense, or eligible petty drug offense, the petition
may be filed two years after the later of the date of the final disposition of
all criminal
proceedings against the defendant or the release of the
defendant from supervision concerning the conviction, or the latest in time
criminal
conviction of the multiple convictions.
(4) (b) Conviction records may not be sealed if the defendant still
owes restitution, fines, court costs, late fees, or other fees ordered by the
court in the case that is the subject of the petition to seal conviction records,
unless the court that entered the order for restitution fines, court costs, late
fees, or other fees has vacated the order.
SECTION 17. Appropriation. (1) For the 2022-23 state fiscal
year, $725,145 is appropriated to the judicial department. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation as follows:
(a) $58,632 for general courts administration, which amount is
based on an assumption that the department will require an additional 0.8
FTE;
(b) $6,520 for capital outlay; and
(c) $659,993 for information technology infrastructure.
SECTION 18. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 23-SENATE BILL 22-099 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 24-SENATE BILL 22-099