Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0738.01 Michael Dohr x4347
HOUSE BILL 24-1133
House Committees Senate Committees
Judiciary
Appropriations
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
Amended 2nd Reading
April 29, 2024
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
2
SECTION 1. In Colorado Revised Statutes, 24-72-702, amend3
(1)(b) as follows:4
24-72-702. Expungement of arrest records in case of mistaken5
identity - definitions. (1) (b) No later than ninety days after an6
investigation by a law enforcement agency finds that a person was7
arrested as a result of mistaken identity and no charges were filed, the law8
enforcement agency that made the arrest shall petition the district court9
in the judicial district where the person was arrested for an expungement10
order for the arrest and criminal records information made as a result of11
the mistaken identity, at no cost to the person arrested. I
F THE ARRESTING12
AGENCY FAILS TO SUBMIT A PETITION
WITHIN THE PRESCRIBED TIMEFRAME13
PURSUANT TO THIS SECTION, A DEFENDANT MAY PETITION THE DISTRICT14
COURT IN THE JUDICIAL DISTRICT WHERE THE PERSON WAS ARRESTED FOR15
AN EXPUNGEMENT ORDER FOR THE ARREST AND CRIMINAL RECORDS16
1133-2- CREATED AS A RESULT OF THE MISTAKEN IDENTITY . A petition filed1
pursuant to this subsection (1)(b) is not subject to a filing fee,
AND AN2
ELIGIBLE DEFENDANT FILING FOR EXPUNGEMENT PURSUANT TO THIS3
SECTION MUST NOT BE CHARGED ANY OTHER FEES OR COSTS ASSOCIATED4
WITH EXPUNGING THE RECORD .5
SECTION
2. In Colorado Revised Statutes, 24-72-703, amend6
(12)(d)(I); and add (2)(a)(IX), (12)(a)(III), and (13) as follows:7
24-72-703. Sealing of records - general provisions - order8
applicability - discovery and advisements. (2) Effect of a sealing9
order. (a) (IX) A
COURT SHALL ALLOW A PERSON TO ACCESS A SEALED10
CRIMINAL JUSTICE RECORD IF THE PERSON AFFIRMS TO THE COURT , IN11
WRITING OR ELECTRONICALLY , THAT:12
(A) T
HE PERSON IS AN ATTORNEY, OR IS ACTING ON BEHALF OF AN13
ATTORNEY;14
(B) T
HE DEFENDANT IN THE UNDERLYING CRIMINAL CASE HAS15
GIVEN WRITTEN PERMISSION FOR THE PERSON TO ACCESS THE SEALED16
RECORD; AND17
(C) T
HE PERSON IS ACCESSING THE RECORD FOR THE SOLE PURPOSE18
OF PROVIDING LEGAL ADVICE TO, OR EVALUATING WHETHER TO ENTER AN19
APPEARANCE ON BEHALF OF, THE DEFENDANT WHO GAVE PERMISSION FOR20
THE PERSON TO ACCESS THE RECORD .21
(12) Exclusions. (a) (III) IF A DEFENDANT IS CONVICTED OF AN22
OFFENSE IN THE SAME CASE IN WHICH THE DEFENDANT SUCCESSFULLY23
COMPLETED A DEFERRED JUDGMENT , RECORDS OF THE DEFERRED24
JUDGMENT ARE ELIGIBLE FOR SEALING WHEN THE CRIMINAL CASE IN25
WHICH THE CONVICTION WAS ENTERED IS ELIGIBLE FOR SEALING26
PURSUANT TO THE PROVISIONS OF THIS PART 7, UNLESS THE DEFERRED27
1133
-3- JUDGMENT IS INELIGIBLE FOR SEALING PURSUANT TO SECTION1
24-72-703(12)(d).2
(d) Sealing is not available for:3
(I) Records pertaining to a deferred judgment and sentence4
concerning
TRAFFIC CONTROL LAWS RELATED TO the holder of a5
commercial driver's license as defined in section 42-2-402 or the operator6
of a commercial motor vehicle as defined in section 42-2-402; and7
(13) Remote participation. F
OR ANY MOTION FILED TO SEAL8
CRIMINAL JUSTICE RECORDS:9
(a) T
HE COURT SHALL ALLOW THE DEFENDANT , THE PROSECUTION,10
THE NAMED VICTIM, AND ANY WITNESS TO APPEAR IN PERSON OR11
REMOTELY BY PHONE OR VIDEO ON A PLATFORM DESIGNATED BY THE12
COURT AT ANY HEARING OR OTHER COURT PROCEEDING . EITHER PARTY,13
THE NAMED VICTIM, AND ANY WITNESS MAY ELECT TO CHANGE HOW THE14
PARTY OR WITNESS INTENDS TO PARTICIPATE BY CONTACTING THE COURT ;15
EXCEPT THAT, IF A PARTY, NAMED VICTIM, OR WITNESS CONTACTS THE16
COURT WITHIN FORTY -EIGHT HOURS BEFORE THE SCHEDULED17
APPEARANCE, THE COURT HAS DISCRETION WHETHER TO APPROVE THE18
PARTY'S OR WITNESS'S REQUESTED CHANGE IN PARTICIPATION .19
(b) T
HE COURT SHALL COMPLY WITH ANY FEDERAL OR STATE LAW20
OR REGULATION, INCLUDING ANY SUPREME COURT DIRECTIVE OR POLICY ,21
REGARDING THE PROVISION OF ACCOMMODATIONS FOR PEOPLE WITH A22
DISABILITY OR FOR PEOPLE WITH LIMITED ENGLISH PROFICIENCY DURING23
ANY PROCEEDING, REGARDLESS OF WHETHER THE PROCEEDING IS24
CONDUCTED IN PERSON OR REMOTELY BY PHONE OR VIDEO ON A25
PLATFORM DESIGNATED BY THE COURT .26
(c) I
N THE EVENT A PARTY IS DISCONNECTED OR THERE IS A27
1133
-4- TECHNOLOGY FAILURE , THE COURT SHALL MAKE ALL REASONABLE1
EFFORTS TO CONTACT THE PARTY AND SHALL ALLOW THE PARTY2
REASONABLE TIME TO REESTABLISH CONNECTION WITH THE COURT . IF THE3
PARTY IS UNABLE TO REESTABLISH CONNECTION , THE COURT SHALL4
RESCHEDULE THE HEARING , TO BE HELD IN PERSON OR REMOTELY BY5
PHONE OR VIDEO ON A PLATFORM DESIGNATED BY THE COURT, FOR THE6
FIRST AVAILABLE DATE AFTER THE DATE OF THE ORIGINALLY SCHEDULED7
HEARING, BUT NO LATER THAN ONE WEEK AFTER THE ORIGINALLY8
SCHEDULED HEARING, TO THE EXTENT PRACTICABLE.9
SECTION 3. In Colorado Revised Statutes, 24-72-704, add (1.5)10
as follows:11
24-72-704. Sealing of arrest records when no charges filed -12
automatic sealing. (1.5) (a) O
N ITS OWN MOTION, THE COURT SHALL13
ORDER THE DEFENDANT'S CRIMINAL JUSTICE RECORDS SEALED WHEN THE14
DISTRICT ATTORNEY NOTIFIES THE COURT THAT A PERSON IN INTEREST15
MEETS ONE OF THE CONDITIONS OF SUBSECTION (1) OF THIS SECTION TO16
FACILITATE SEALING OF THE RECORDS HELD BY THE COURT .17
(b) T
HE COURT SHALL NOT REQUIRE A WRITTEN MOTION OR ANY18
OTHER WRITTEN PLEADINGS FOR SEALING PURSUANT TO THIS SECTION . THE19
COURT SHALL ENTER AN ORDER SEALING RECORDS PURSUANT TO THIS20
SUBSECTION (1.5) AT THE TIME OF NOTICE AND SHALL SERVE THE SEALING21
ORDER PURSUANT TO SECTION 24-72-703 (8) NO LATER THAN22
TWENTY-EIGHT DAYS AFTER THE DATE OF SEALING .23
(c) I
F THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES NOT24
OCCUR, THE DEFENDANT MAY FILE A MOTION TO SEAL THE CRIMINAL CASE25
AT ANY TIME SUBSEQUENT TO THE DISTRICT ATTORNEY 'S NOTICE THROUGH26
THE FILING OF A WRITTEN MOTION PURSUANT TO SUBSECTION (1) OF THIS27
1133
-5- SECTION. THE COURT SHALL NOT CHARGE OR ASSESS THE DEFENDANT ANY1
FEES OR COSTS ASSOCIATED WITH FILING A MOTION PURSUANT TO THIS2
SUBSECTION (1.5)(c).3
(d) T
HIS SECTION DOES NOT APPLY TO RECORDS THAT ARE SUBJECT4
TO THE PROCEDURE SET FORTH IN SECTION 18-13-122 (13).5
SECTION
4. In Colorado Revised Statutes, 24-72-705, amend6
(1)(d); and add (1)(g) and (3) as follows:7
24-72-705. Sealing criminal justice records other than8
convictions - simplified process - applicability. (1) (d) Notwithstanding9
the provision of subsection (1)(c) of this section, if the defendant is10
acquitted or if the case dismissed is a crime enumerated in section11
24-4.1-302 (1), in which notice of a hearing on a motion to seal is12
required pursuant to section 24-4.1-303 (11)(b.7), the court shall allow13
the district attorney the opportunity to inform the victim that the record14
will be sealed. and IF THERE IS AN OBJECTION BY THE VICTIM, THE15
DISTRICT ATTORNEY SHALL NOTIFY THE COURT AND THE COURT shall set16
a return date for the sealing motion no later than forty-two THIRTY-FIVE17
days after receipt of the motion. IF A RETURN DATE IS SET, THE18
DEFENDANT IS NOT REQUIRED TO APPEAR. IF THERE IS NO OBJECTION19
WITHIN THIRTY-FIVE DAYS AFTER THE MOTION IS FILED, THE COURT SHALL20
GRANT THE MOTION.21
(g) C
HARGES THAT ARE DISMISSED PURSUANT TO SECTION22
16-8.5-116
ARE NOT ELIGIBLE FOR SEALING.23
(3) N
OTWITHSTANDING THE PROVISIONS OF ANY SECTION TO THE24
CONTRARY, WHEN A DEFENDANT HAS A NON -CONVICTION RECORD THAT25
IS INELIGIBLE FOR SEALING BECAUSE THE DEFENDANT WAS CONVICTED OF26
A TRAFFIC OFFENSE IN THE SAME CASE , THE DEFENDANT MAY FILE A27
1133
-6- MOTION TO SEAL THE RECORD THROUGH THE PROCEDURES SET FORTH IN1
SUBSECTION (2) OF THIS SECTION.2
SECTION 5. In Colorado Revised Statutes, 24-72-706, amend3
(1)(i) and (2)(b); and repeal (1)(f.5) as follows:4
24-72-706. Sealing of criminal conviction and criminal justice5
records - processing fee. (1) Sealing of conviction records.6
(f.5) (I) Notwithstanding any provision of this part 7 to the contrary, a7
motion filed for the sealing of conviction records for an offense that was8
unlawful at the time of conviction, but is no longer unlawful pursuant to9
section 18-18-434, may be filed at any time. The court shall order the10
records sealed unless the district attorney objects pursuant to subsection11
(1)(f.5)(II) of this section.12
(II) If a motion is filed for the sealing of an offense described in13
this subsection (1)(f.5), the defendant shall provide notice of the motion14
to the district attorney, who may object. The district attorney shall15
determine whether to object to the motion based on whether the16
underlying conviction for an offense is no longer unlawful pursuant to17
section 18-18-434. The district attorney shall determine whether to object18
and provide notice to the court within forty-two days of receipt of the19
motion. If the district attorney objects to the motion, the court shall set the20
matter for hearing and the burden is on the defendant to show by a21
preponderance of the evidence that the underlying factual basis of the22
conviction sought to be sealed is no longer unlawful pursuant to section23
18-18-434.24
(III) (A) A defendant who files a motion pursuant to this25
subsection (1)(f.5) must not be charged fees or costs.26
(B) Notwithstanding subsection (1)(c) of this section, a defendant27
1133
-7- who files a motion pursuant to this subsection (1)(f.5) is not required to1
submit a verified copy of the defendant's criminal history with a filed2
motion.3
(C) Section 24-72-703 (2)(a)(V) does not apply to conviction4
records sealed pursuant to this subsection (1)(f.5).5
(i) The court shall determine eligibility of a drug offense6
committed before October 1, 2013, by the classification of the offense at7
the time of considering the record sealing, INCLUDING, BUT NOT LIMITED8
TO, SECTION 18-18-106 (8)(a)(II)(B), AS IT EXISTED PRIOR TO JULY 1,9
1992; OR SECTION 18-18-406 (8)(a)(II)(B), AS IT EXISTED PRIOR TO10
AUGUST 11, 2010; OR SECTION 18-18-406 (6)(a)(II)(B), AS IT EXISTED11
PRIOR TO OCTOBER 1, 2013.12
(2) (b) Notwithstanding the provisions of this section, a13
misdemeanor OR PETTY offense ineligible pursuant to the provisions of14
this section or subsection (2)(a) of this section is eligible for sealing15
pursuant to this section if the district attorney consents to the sealing or16
if the court finds, by clear and convincing evidence, that the petitioner's17
need for sealing of the record is significant and substantial, the passage18
of time is such that the petitioner is no longer a threat to public safety, and19
the public disclosure of the record is no longer necessary to protect or20
inform the public.21
22
SECTION 6. 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
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, AND THE DEFENDANT SHALL14
IDENTIFY THE OTHER CONVICTION RECORDS BY CASE NAME AND NUMBER15
IN THE MOTION.16
SECTION 7. In Colorado Revised Statutes, add 24-72-711 as17
follows:18
24-72-711. Record sealing - change in the law - conduct no19
longer prohibited. (1) PURSUANT TO THE TIMELINES IN THIS SUBSECTION20
(1), IF A STATUTORY CHANGE LEGALIZES PREVIOUSLY PROHIBITED21
CONDUCT, A DEFENDANT MAY FILE A MOTION IN ANY CASE IN WHICH A22
CONVICTION RECORD EXISTS PERTAINING TO THE DEFENDANT 'S23
CONVICTION FOR AN OFFENSE THAT IS NO LONGER PROHIBITED BY STATUTE24
AND PROVIDE NOTICE OF THE MOTION TO THE DISTRICT ATTORNEY . A25
DEFENDANT MAY FILE THE MOTION AFTER THE DATE OF THE FINAL26
DISPOSITION AGAINST THE DEFENDANT OR THE DATE OF THE DEFENDANT'S27
1133
-9- RELEASE FROM SUPERVISION, WHICHEVER IS LATER.1
(2) A
DEFENDANT WHO MAKES A MOTION TO HAVE THE2
DEFENDANT'S CRIMINAL RECORDS SEALED PURSUANT TO THIS SECTION IS3
NOT REQUIRED TO PAY ANY FEES OR COSTS ASSOCIATED WITH SEALING THE4
RECORD.5
(3) T
HE DISTRICT ATTORNEY MAY ONLY OBJECT TO THE SEALING6
OF A RECORD PURSUANT TO THIS SECTION IF THE DISTRICT ATTORNEY HAS7
A GOOD-FAITH BELIEF THAT THE OFFENSE THE DEFENDANT IS SEEKING TO8
SEAL IS ILLEGAL AT THE TIME THE MOTION TO SEAL IS MADE . IF THE9
DISTRICT ATTORNEY DOES NOT OBJECT WITHIN
FORTY-TWO DAYS AFTER10
THE DATE OF THE MOTION TO SEAL THE RECORD , THE COURT SHALL ORDER11
THE RECORD SEALED REGARDLESS OF OTHER CONVICTIONS ON THE12
DEFENDANT'S RECORD.13
(4) NOTWITHSTANDING THE PROVISIONS OF SECTION 24-72-70614
(1)(c), A DEFENDANT WHO FILES A MOTION PURSUANT TO THIS SECTION15
SHALL NOT BE REQUIRED TO SUBMIT A VERIFIED COPY OF THE16
DEFENDANT'S CRIMINAL HISTORY WITH THE MOTION. SECTION 24-72-70317
(2)(a)(V) DOES NOT APPLY TO CONVICTION RECORDS SEALED PURSUANT18
TO THIS SECTION.19
SECTION 8. In Colorado Revised Statutes, 13-3-117, amend20
(3)(b)(II); and add (5) as follows:21
13-3-117. State court administrator - automatic conviction22
sealing. (3) (b) (II) The district court shall send a copy of the sealing23
order to the district attorney's office that prosecuted the case to facilitate24
sealing of the records held by the district attorney's offices. The court25
shall also send a copy to the state court administrator for purposes of26
subsections (3)(b)(III) and (3)(c) of this section. TO PROTECT DEFENDANT27
1133
-10- CONFIDENTIALITY, A COPY SHALL NOT BE MAILED TO THE DEFENDANT ,1
NOTWITHSTANDING ANY COLORADO CRIMINAL RULE OF PROCEDURE TO2
THE CONTRARY. 3
(5) (a) O
N OR BEFORE
JULY 1, 2025, THE STATE COURT4
ADMINISTRATOR SHALL COMPILE A LIST OF ALL CRIMINAL JUSTICE5
RECORDS OF DEFERRED JUDGMENTS THAT HAVE BEEN SUCCESSFULLY6
COMPLETED AND THE CHARGES HAVE BEEN DISMISSED, ACQUITTALS, AND7
DIVERSION CASES PURSUANT TO SECTION 24-72-705 (1)(a) WITH8
DISPOSITIONS PRIOR TO AUGUST 2022. THE STATE COURT ADMINISTRATOR9
SHALL SORT THOSE CRIMINAL JUSTICE RECORDS BY JUDICIAL DISTRICT AND10
SEND THE FINAL LIST TO THE CHIEF JUDGE OF EACH JUDICIAL DISTRICT .11
(b) (I) T
HE STATE COURT ADMINISTRATOR SHALL SEND THE FINAL12
LIST COMPILED PURSUANT TO SUBSECTION (5)(a) OF THIS SECTION TO THE13
CHIEF JUDGE FOR THE JUDICIAL DISTRICT. THE COURTS OF THAT JUDICIAL14
DISTRICT SHALL ENTER SEALING ORDERS BASED ON THE LIST RECEIVED15
WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE FINAL LIST FROM THE16
STATE COURT ADMINISTRATOR .17
(II) T
HE DISTRICT COURT SHALL SEND A COPY OF THE SEALING18
ORDER TO THE DISTRICT ATTORNEY'S OFFICE THAT PROSECUTED THE CASE,19
AND UPON RECEIPT OF THE ORDER THE DISTRICT ATTORNEY 'S OFFICE SHALL20
SEAL THE RECORDS HELD BY IT. THE COURT SHALL ALSO SEND A COPY TO21
THE STATE COURT ADMINISTRATOR FOR PURPOSES OF SUBSECTION22
(5)(b)(III)
OF THIS SECTION.
TO PROTECT DEFENDANT CONFIDENTIALITY,23
A COPY SHALL NOT BE MAILED TO THE DEFENDANT, NOTWITHSTANDING24
ANY COLORADO CRIMINAL RULE OF PROCEDURE TO THE CONTRARY .25
(III) T
HE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY26
SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION27
1133
-11- (5)(b) TO THE COLORADO BUREAU OF INVESTIGATION USING AN1
INFORMATION-SHARING DATA TRANSFER. UPON RECEIPT OF THE ORDERS,2
THE COLORADO BUREAU OF INVESTIGATION SHALL SEAL ALL RECORDS3
HELD BY THE ORDERS.4
(IV) T
HE DEFENDANT MAY OBTAIN A COPY OF THE SEALING ORDER5
PURSUANT TO SECTION 24-72-703 (2)(c) AND SERVE THE SEALING ORDER6
ON ANY CUSTODIAN OF THE RECORDS PURSUANT TO SECTION 24-72-7037
(8),
INCLUDING THE LAW ENFORCEMENT AGENCY THAT INVESTIGATED THE8
CASE.9
SECTION
9. In Colorado Revised Statutes, 16-8.5-116, repeal10
(12) as follows:11
16-8.5-116. Certification - reviews - termination of12
proceedings - rules. (12) If charges against a defendant are dismissed13
pursuant to this section, such charges are not eligible for sealing pursuant14
to section 24-72-705.15
SECTION 10. Act subject to petition - effective date. This act16
takes effect July 1, 2025; except that, if a referendum petition is filed17
pursuant to section 1 (3) of article V of the state constitution against this18
act or an item, section, or part of this act within the ninety-day period19
after final adjournment of the general assembly, then the act, item,20
section, or part will not take effect unless approved by the people at the21
general election to be held in November 2024 and, in such case, will take22
effect on July 1, 2025, or on the date of the official declaration of the vote23
thereon by the governor, whichever is later.24
1133
-12-