Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0738.01 Michael Dohr x4347
HOUSE BILL 24-1133
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MATTERS RELATED TO ACCESS TO CRIMINAL RECORDS . 101
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
.)
Under current law, when a person is arrested in a case of mistaken
identity, the arresting agency is required to petition the court for an
expungement order. The bill allows the defendant in a mistaken identity
case to petition for an expungement order if the arresting agency does not
file a petition. The defendant is not subject to any fees or costs associated
with expunging the record.
A court can grant an attorney access to a sealed record if the
defendant in the sealed case provides permission and the attorney is
HOUSE SPONSORSHIP
Mabrey and Soper,
SENATE SPONSORSHIP
Rodriguez,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. accessing the record for the sole purpose of providing legal advice to or
representing the defendant.
The bill clarifies procedures for automatic sealing.
The bill allows a hearing related to sealing matters to be conducted
remotely.
The waiting period for sealing a municipal record without a
subsequent conviction is lowered from 3 years to one year and for sealing
a municipal record with a single subsequent conviction from 10 years to
3 years.
The bill creates a record sealing procedure for convictions records
for when a statutory change legalizes previously prohibited conduct.
On or before January 1, 2025, the state court administrator shall
compile a list of certain types of non-conviction criminal justice records
(non-conviction records) with dispositions prior to August 2022. The state
court administrator shall sort the non-conviction records by judicial
district and send the final list to the chief judge of each judicial district.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-72-701, amend2
(2.5) as follows:3
24-72-701. Definitions. As used in this part 7, unless the context4
otherwise requires:5
(2.5) "Conviction" means a criminal judgment of conviction and6
does not include infractions that constitute civil matters
CIVIL7
INFRACTIONS OR PREVIOUSLY SEALED CONVICTIONS .8
SECTION 2. In Colorado Revised Statutes, 24-72-702, amend9
(1)(b) as follows:10
24-72-702. Expungement of arrest records in case of mistaken11
identity - definitions. (1) (b) No later than ninety days after an12
investigation by a law enforcement agency finds that a person was13
arrested as a result of mistaken identity and no charges were filed, the law14
enforcement agency that made the arrest shall petition the district court15
in the judicial district where the person was arrested for an expungement16
HB24-1133-2- order for the arrest and criminal records information made as a result of1
the mistaken identity, at no cost to the person arrested. I
F THE ARRESTING2
AGENCY FAILS TO SUBMIT A PETITION PURSUANT TO THIS SECTION , A3
DEFENDANT MAY PETITION THE DISTRICT COURT IN THE JUDICIAL DISTRICT4
WHERE THE PERSON WAS ARRESTED FOR AN EXPUNGEMENT ORDER FOR5
THE ARREST AND CRIMINAL RECORDS CREATED AS A RESULT OF THE6
MISTAKEN IDENTITY. A petition filed pursuant to this subsection (1)(b) is7
not subject to a filing fee,
AND AN ELIGIBLE DEFENDANT FILING FOR8
EXPUNGEMENT PURSUANT TO THIS SECTION MUST NOT BE CHARGED ANY9
OTHER FEES OR COSTS ASSOCIATED WITH EXPUNGING THE RECORD .10
SECTION 3. In Colorado Revised Statutes, 24-72-703, amend11
(12)(d)(I); repeal (12)(c); and add (2)(a)(IX), (2)(a)(X), (2)(a)(XI), and12
(13) as follows:13
24-72-703. Sealing of records - general provisions - order14
applicability - discovery and advisements. (2) Effect of a sealing15
order. (a) (IX) A
COURT SHALL ALLOW A PERSON TO ACCESS A SEALED16
CRIMINAL JUSTICE RECORD IF THE PERSON AFFIRMS TO THE COURT , IN17
WRITING OR ELECTRONICALLY , THAT:18
(A) T
HE PERSON IS AN ATTORNEY, OR IS ACTING ON BEHALF OF AN19
ATTORNEY;20
(B) T
HE DEFENDANT IN THE UNDERLYING CRIMINAL CASE HAS21
GIVEN WRITTEN PERMISSION FOR THE PERSON TO ACCESS THE SEALED22
RECORD; AND23
(C) T
HE PERSON IS ACCESSING THE RECORD FOR THE SOLE PURPOSE24
OF PROVIDING LEGAL ADVICE TO, OR EVALUATING WHETHER TO ENTER AN25
APPEARANCE ON BEHALF OF, THE DEFENDANT WHO GAVE PERMISSION FOR26
THE PERSON TO ACCESS THE RECORD .27
HB24-1133
-3- (X) A LAW ENFORCEMENT AGENCY SHALL RELEASE REDACTED1
SEALED CRIMINAL JUSTICE RECORDS THAT ARE THE SUBJECT OF2
DISCOVERY REQUESTS TO PARTIES IN CIVIL LITIGATION .3
(XI) I
F A SEALED CRIMINAL JUSTICE RECORD IS RELEASED4
PURSUANT TO SUBSECTION (2)(a)(X) OF THIS SECTION, THE COURT SHALL5
ISSUE A PROTECTIVE ORDER REGARDING THE USE OF THE SEALED CRIMINAL6
JUSTICE RECORDS.7
(12) Exclusions. (c) Sealing is not available for cases when the
8
only charges were as follows:9
(I) A class 1 or 2 misdemeanor traffic offense; or10
(II) A class A or B traffic offense.11
(d) Sealing is not available for:12
(I) Records pertaining to a deferred judgment and sentence13
concerning
TRAFFIC CONTROL LAWS RELATED TO the holder of a14
commercial driver's license as defined in section 42-2-402 or the operator15
of a commercial motor vehicle as defined in section 42-2-402; and16
(13) Remote participation. F
OR ANY MOTION FILED TO SEAL17
CRIMINAL JUSTICE RECORDS:18
(a) T
HE COURT SHALL ALLOW THE DEFENDANT , THE PROSECUTION,19
THE NAMED VICTIM, AND ANY WITNESS TO APPEAR IN PERSON OR20
REMOTELY BY PHONE OR VIDEO ON A PLATFORM DESI GNATED BY THE21
COURT AT ANY HEARING OR OTHER COURT PROCEEDING . EITHER PARTY,22
THE NAMED VICTIM, AND ANY WITNESS MAY ELECT TO CHANGE HOW THE23
PARTY OR WITNESS INTENDS TO PARTICIPATE BY CONTACTING THE COURT ;24
EXCEPT THAT, IF A PARTY, NAMED VICTIM, OR WITNESS CONTACTS THE25
COURT WITHIN FORTY -EIGHT HOURS BEFORE THE SCHEDULED26
APPEARANCE, THE COURT HAS DISCRETION WHETHER TO APPROVE THE27
HB24-1133
-4- PARTY'S OR WITNESS'S REQUESTED CHANGE IN PARTICIPATION .1
(b) T
HE COURT SHALL COMPLY WITH ANY FEDERAL OR STATE LAW2
OR REGULATION, INCLUDING ANY SUPREME COURT DIRECTIVE OR POLICY ,3
REGARDING THE PROVISION OF ACCOMMODATIONS FOR PEOPLE WITH A4
DISABILITY OR FOR PEOPLE WITH LIMITED ENGLISH PROFICIENCY DURING5
ANY PROCEEDING, REGARDLESS OF WHETHER THE PROCEEDING IS6
CONDUCTED IN PERSON OR REMOTELY BY PHONE OR VIDEO ON A7
PLATFORM DESIGNATED BY THE COURT .8
(c) I
N THE EVENT A PARTY IS DISCONNECTED OR THERE IS A9
TECHNOLOGY FAILURE , THE COURT SHALL MAKE ALL REASONABLE10
EFFORTS TO CONTACT THE PARTY AND SHALL ALLOW THE PARTY11
REASONABLE TIME TO REESTABLISH CONNECTION WITH THE COURT . IF THE12
PARTY IS UNABLE TO REESTABLISH CONNECTION , THE COURT SHALL13
RESCHEDULE THE HEARING , TO BE HELD IN PERSON, FOR THE FIRST14
AVAILABLE DATE AFTER THE DATE OF THE ORIGINALLY SCHEDULED15
HEARING, BUT NO LATER THAN ONE WEEK AFTER THE ORIGINALLY16
SCHEDULED HEARING, TO THE EXTENT PRACTICABLE.17
SECTION 4. In Colorado Revised Statutes, 24-72-704, add (1.5)18
as follows:19
24-72-704. Sealing of arrest records when no charges filed -20
automatic sealing. (1.5) (a) O
N ITS OWN MOTION, THE COURT SHALL21
ORDER THE DEFENDANT'S CRIMINAL JUSTICE RECORDS SEALED WHEN THE22
DISTRICT ATTORNEY NOTIFIES THE COURT THAT A PERSON IN INTEREST23
MEETS ONE OF THE CONDITIONS OF SUBSECTION (1) OF THIS SECTION TO24
FACILITATE SEALING OF THE RECORDS HELD BY THE COURT .25
(b) T
HE COURT SHALL NOT REQUIRE A WRITTEN MOTION OR ANY26
OTHER WRITTEN PLEADINGS FOR SEALING PURSUANT TO THIS SECTION . THE27
HB24-1133
-5- COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS1
SUBSECTION (1.5) AT THE TIME OF NOTICE AND SHALL SERVE THE SEALING2
ORDER PURSUANT TO SECTION 24-72-703 (8) NO LATER THAN3
TWENTY-EIGHT DAYS AFTER THE DATE OF SEALING .4
(c) I
F THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES NOT5
OCCUR, THE DEFENDANT MAY FILE A MOTION TO SEAL THE CRIMINAL CASE6
AT ANY TIME SUBSEQUENT TO THE DISTRICT ATTORNEY 'S NOTICE THROUGH7
THE FILING OF A WRITTEN MOTION PURSUANT TO SUBSECTION (1) OF THIS8
SECTION. THE COURT SHALL NOT CHARGE OR ASSESS THE DEFENDANT ANY9
FEES OR COSTS ASSOCIATED WITH FILING A MOTION PURSUANT TO THIS10
SUBSECTION (1.5)(c).11
(d) T
HIS SECTION DOES NOT APPLY TO RECORDS THAT ARE SUBJECT12
TO THE PROCEDURE SET FORTH IN SECTION 18-13-122 (13).13
SECTION 5. In Colorado Revised Statutes, 24-72-705, repeal14
(1)(d); and add (1)(g) and (3) as follows:15
24-72-705. Sealing criminal justice records other than16
convictions - simplified process - applicability. (1) (d) Notwithstanding
17
the provision of subsection (1)(c) of this section, if the defendant is18
acquitted or if the case dismissed is a crime enumerated in section19
24-4.1-302 (1) in which notice of a hearing on a motion to seal is required20
pursuant to section 24-4.1-303 (11)(b.7), the court shall allow the district21
attorney the opportunity to inform the victim that the record will be sealed22
and shall set a return date for the sealing motion no later than forty-two23
days after receipt of the motion.24
(g) C
HARGES THAT ARE DISMISSED PURSUANT TO SECTION25
16-8.5-116
ARE NOT ELIGIBLE FOR SEALING.26
(3) N
OTWITHSTANDING THE PROVISIONS OF ANY SECTION TO THE27
HB24-1133
-6- CONTRARY, WHEN A DEFENDANT HAS A NON -CONVICTION RECORD THAT1
IS INELIGIBLE FOR SEALING BECAUSE THE DEFENDANT WAS CONVICTED OF2
A TRAFFIC OFFENSE IN THE SAME CASE , THE DEFENDANT MAY FILE A3
MOTION TO SEAL THE RECORD THROUGH THE PROCEDURES SET FORTH IN4
SUBSECTION (2) OF THIS SECTION.5
SECTION 6. In Colorado Revised Statutes, 24-72-706, amend6
(2)(a)(VI)(J) and (2)(b) as follows:7
24-72-706. Sealing of criminal conviction and criminal justice8
records - processing fee. (2) (a) The provisions of this section do not9
apply to records pertaining to:10
(VI) A conviction that is subject to one or more of the following11
provisions:12
(J) Sentencing for an offense classified as a class 1, 2, or 3 felony13
or a level 1 drug felony pursuant to any section of title 18, except a class14
3 felony in violation of section 18-18-106 (8)(a)(II)(B) as it existed prior15
to July 1, 1992,
OR a class 3 felony in violation of section 18-18-40616
(8)(a)(II)(B) as it existed prior to August 11, 2010; or a class 3 felony in
17
violation of section 18-18-406 (6)(a)(II)(B) as it existed prior to October18
1, 2013;19
(b) Notwithstanding the provisions of this section, a misdemeanor20
OR PETTY offense ineligible pursuant to the provisions of
this section or21
subsection (2)(a) of this section is eligible for sealing pursuant to this22
section if the district attorney consents to the sealing or if the court finds,23
by clear and convincing evidence, that the petitioner's need for sealing of24
the record is significant and substantial, the passage of time is such that25
the petitioner is no longer a threat to public safety, and the public26
disclosure of the record is no longer necessary to protect or inform the27
HB24-1133
-7- public.1
SECTION 7. In Colorado Revised Statutes, 24-72-708, amend2
(3) and (5)(b) as follows:3
24-72-708. Sealing of criminal conviction records information4
for municipal offenses for convictions. (3) Timing for filing motions.5
(a) A motion filed pursuant to subsection (1) of this section may be filed6
three years ONE YEAR after the later of the date of the final disposition of7
all criminal proceedings against the defendant or the release of the8
defendant from supervision concerning a criminal conviction.9
(b) A motion filed pursuant to subsection (2) of this section may10
be filed ten THREE years after the date of the final disposition of all11
criminal proceedings against the defendant for the subsequent criminal12
case or ten THREE years after the date of the defendant's release from13
supervision for the subsequent criminal case, whichever is later.14
(5) (b) If the court determines that the petition is sufficient on its15
face and that no other grounds exist at that time for the court to deny the16
petition pursuant to this section, the court shall grant the motion unless17
the prosecution files an objection. If the prosecution files a written18
objection, the court shall set a date within forty-two TWENTY-EIGHT days19
after the filing of the motion for a hearing and the court shall notify the20
prosecution, the municipal police department or local law enforcement21
agency, and any other person or agency identified by the defendant.22
SECTION 8. In Colorado Revised Statutes, 24-72-709, amend23
(1)(a) as follows:24
24-72-709. Sealing of criminal conviction records information25
for multiple conviction records. (1) (a) Subject to the provisions of26
subsection (5) of this section, a defendant with multiple conviction27
HB24-1133
-8- records in the state may petition MOTION the court of the jurisdiction1
where the conviction record or records pertaining to the defendant are2
located for the sealing of the conviction records, except basic identifying3
information, if the record or records are not eligible for sealing pursuant4
to any other section in this part 7 because of an intervening conviction5
and if the petition MOTION is filed within the time frame described in6
subsection (2) of this section and proper notice is given to the district7
attorney. If the multiple conviction records are in different jurisdictions,8
the defendant shall file a petition MOTION in each jurisdiction with a9
conviction record that includes a copy of each petition MOTION filed in the10
other jurisdictions and provide notice of the petition MOTION to each11
district attorney. I
F THE CONVICTION RECORDS ARE IN THE SAME12
JURISDICTION, THE DEFENDANT MAY FILE A MOTION TO SEAL ALL13
CONVICTION RECORDS IN A SINGLE CASE.14
SECTION 9. In Colorado Revised Statutes, add 24-72-711 as15
follows:16
24-72-711. Record sealing - change in the law - conduct no17
longer prohibited. (1) A
T ANY TIME AFTER A STATUTORY C HANGE18
LEGALIZES PREVIOUSLY PROHIBITED CONDUCT , A DEFENDANT MAY FILE A19
MOTION IN ANY CASE IN WHICH A CONVICTION RECORD EXISTS PERTAINING20
TO THE DEFENDANT'S CONVICTION FOR AN OFFENSE THAT IS NO LONGER21
PROHIBITED BY STATUTE AND PROVIDE NOTICE OF THE MOTION TO THE22
DISTRICT ATTORNEY.23
(2) A
DEFENDANT WHO MAKES A MOTION TO HAVE THE24
DEFENDANT'S CRIMINAL RECORDS SEALED PURSUANT TO THIS SECTION IS25
NOT REQUIRED TO PAY ANY FEES OR COSTS ASSOCIATED WITH SEALING THE26
RECORD.27
HB24-1133
-9- (3) THE DISTRICT ATTORNEY MAY ONLY OBJECT TO THE SEALING1
OF A RECORD PURSUANT TO THIS SECTION IF THE DISTRICT ATTORNEY HAS2
A GOOD-FAITH BELIEF THAT THE OFFENSE THE DEFENDANT IS SEEKING TO3
SEAL IS ILLEGAL AT THE TIME THE MOTION TO SEAL IS MADE . IF THE4
DISTRICT ATTORNEY DOES NOT OBJECT WITHIN FOURTEEN DAYS AFTER THE5
DATE OF THE MOTION TO SEAL THE RECORD, THE COURT SHALL ORDER THE6
RECORD SEALED REGARDLESS OF OTHER CONVICTIONS ON THE7
DEFENDANT'S RECORD.8
SECTION 10. In Colorado Revised Statutes, 13-3-117, add (5)9
as follows:10
13-3-117. State court administrator - automatic conviction11
sealing. (5) (a) O
N OR BEFORE JANUARY 1, 2025, THE STATE COURT12
ADMINISTRATOR SHALL COMPILE A LIST OF ALL CRIMINAL JUSTICE13
RECORDS OF DEFERRED JUDGMENTS , ACQUITTALS, AND DIVERSION CASES14
PURSUANT TO SECTION 24-72-705 (1)(a) WITH DISPOSITIONS PRIOR TO15
A
UGUST 2022. THE STATE COURT ADMINISTRATOR SHALL SORT THOSE16
CRIMINAL JUSTICE RECORDS BY JUDICIAL DISTRICT AND SEND THE FINAL17
LIST TO THE CHIEF JUDGE OF EACH JUDICIAL DISTRICT.18
(b) (I) T
HE STATE COURT ADMINISTRATOR SHALL SEND THE FINAL19
LIST COMPILED PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION TO THE20
CHIEF JUDGE FOR THE JUDICIAL DISTRICT. THE COURTS OF THAT JUDICIAL21
DISTRICT SHALL ENTER SEALING ORDERS BASED ON THE LIST RECEIVED22
WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE FINAL LIST FROM THE23
STATE COURT ADMINISTRATOR .24
(II) T
HE DISTRICT COURT SHALL SEND A COPY OF THE SEALING25
ORDER TO THE DISTRICT ATTORNEY'S OFFICE THAT PROSECUTED THE CASE,26
AND UPON RECEIPT OF THE ORDER THE DISTRICT ATTORNEY 'S OFFICE SHALL27
HB24-1133
-10- SEAL THE RECORDS HELD BY IT. THE COURT SHALL ALSO SEND A COPY TO1
THE STATE COURT ADMINISTRATOR FOR PURPOSES OF SUBSECTION2
(5)(b)(III)
OF THIS SECTION.3
(III) T
HE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY4
SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION5
(5)(b)
TO THE COLORADO BUREAU OF INVESTIGATION USING AN6
INFORMATION-SHARING DATA TRANSFER. UPON RECEIPT OF THE ORDERS,7
THE COLORADO BUREAU OF INVESTIGATION SHALL SEAL ALL RECORDS8
HELD BY THE ORDERS.9
(IV) T
HE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER10
PURSUANT TO SECTION 24-72-703 (2)(c) AND SERVE THE SEALING ORDER11
ON ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION 24-72-70312
(8),
INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE13
CASE.14
SECTION 11. In Colorado Revised Statutes, 16-8.5-116, repeal15
(12) as follows:16
16-8.5-116. Certification - reviews - termination of17
proceedings - rules. (12) If charges against a defendant are dismissed
18
pursuant to this section, such charges are not eligible for sealing pursuant19
to section 24-72-705.20
SECTION 12. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
HB24-1133
-11-