HOUSE BILL 24-1133
BY REPRESENTATIVE(S) Mabrey and Soper, Amabile, Bacon,
Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, English,
Epps, Garcia, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Mauro, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story,
Titone, Valdez, Vigil, Weissman, Woodrow;
also SENATOR(S) Rodriguez, Buckner, Cutter, Michaelson Jenet, Priola,
Van Winkle
.
C
ONCERNING MATTERS RELATED TO ACCESS TO CRIMINAL RECORDS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-72-702, amend
(1)(b) as follows:
24-72-702. Expungement of arrest records in case of mistaken
identity - definitions. (1) (b) No later than ninety days after an
investigation by a law enforcement agency finds that a person was arrested
as a result of mistaken identity and no charges were filed, the law
enforcement agency that made the arrest shall petition the district court in
the judicial district where the person was arrested for an expungement order
for the arrest and criminal records information made as a result of the
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. mistaken identity, at no cost to the person arrested. IF THE ARRESTING
AGENCY FAILS TO SUBMIT A PETITION WITHIN THE PRESCRIBED TIMEFRAME
PURSUANT TO THIS SECTION
, A DEFENDANT MAY PETITION THE DISTRICT
COURT IN THE JUDICIAL DISTRICT WHERE THE PERSON WAS ARRESTED FOR AN
EXPUNGEMENT ORDER FOR THE ARREST AND CRIMINAL RECORDS CREATED
AS A RESULT OF THE MISTAKEN IDENTITY
. A petition filed pursuant to this
subsection (1)(b) is not subject to a filing fee,
AND AN ELIGIBLE DEFENDANT
FILING FOR EXPUNGEMENT PURSUANT TO THIS SECTION MUST NOT BE
CHARGED ANY OTHER FEES OR COSTS ASSOCIATED WITH EXPUNGING THE
RECORD
.
SECTION 2. In Colorado Revised Statutes, 24-72-703, amend
(12)(d)(I); and add (2)(a)(IX), (12)(a)(III), and (13) as follows:
24-72-703. Sealing of records - general provisions - order
applicability - discovery and advisements. (2) Effect of a sealing order.
(a) (IX) A
COURT SHALL ALLOW A PERSON TO ACCESS A SEALED CRIMINAL
JUSTICE RECORD IF THE PERSON AFFIRMS TO THE COURT
, IN WRITING OR
ELECTRONICALLY
, THAT:
(A) T
HE PERSON IS AN ATTORNEY, OR IS ACTING ON BEHALF OF AN
ATTORNEY
;
(B) T
HE DEFENDANT IN THE UNDERLYING CRIMINAL CASE HAS GIVEN
WRITTEN PERMISSION FOR THE PERSON TO ACCESS THE SEALED RECORD
; AND
(C) THE PERSON IS ACCESSING THE RECORD FOR THE SOLE PURPOSE
OF PROVIDING LEGAL ADVICE TO
, OR EVALUATING WHETHER TO ENTER AN
APPEARANCE ON BEHALF OF
, THE DEFENDANT WHO GAVE PERMISSION FOR
THE PERSON TO ACCESS THE RECORD
.
(12) Exclusions. (a) (III) I
F A DEFENDANT IS CONVICTED OF AN
OFFENSE IN THE SAME CASE IN WHICH THE DEFENDANT SUCCESSFULLY
COMPLETED A DEFERRED JUDGMENT
, RECORDS OF THE DEFERRED JUDGMENT
ARE ELIGIBLE FOR SEALING WHEN THE CRIMINAL CASE IN WHICH THE
CONVICTION WAS ENTERED IS ELIGIBLE FOR SEALING PURSUANT TO THE
PROVISIONS OF THIS PART
7, UNLESS THE DEFERRED JUDGMENT IS INELIGIBLE
FOR SEALING PURSUANT TO SECTION
24-72-703(12)(d).
(d) Sealing is not available for:
PAGE 2-HOUSE BILL 24-1133 (I) Records pertaining to a deferred judgment and sentence
concerning
TRAFFIC CONTROL LAWS RELATED TO the holder of a commercial
driver's license as defined in section 42-2-402 or the operator of a
commercial motor vehicle as defined in section 42-2-402; and
(13) Remote participation. F
OR ANY MOTION FILED TO SEAL
CRIMINAL JUSTICE RECORDS
:
(a) T
HE COURT SHALL ALLOW THE DEFENDANT , THE PROSECUTION,
THE NAMED VICTIM, AND ANY WITNESS TO APPEAR IN PERSON OR REMOTELY
BY PHONE OR VIDEO ON A PLATFORM DESI GNATED BY THE COURT AT ANY
HEARING OR OTHER COURT PROCEEDING
. EITHER PARTY, THE NAMED VICTIM,
AND ANY WITNESS MAY ELECT TO CHANGE HOW THE PARTY OR WITNESS
INTENDS TO PARTICIPATE BY CONTACTING THE COURT
; EXCEPT THAT, IF A
PARTY
, NAMED VICTIM, OR WITNESS CONTACTS THE COURT WITHIN
FORTY
-EIGHT HOURS BEFORE THE SCHEDULED APPEARANCE , THE COURT HAS
DISCRETION WHETHER TO APPROVE THE PARTY
'S OR WITNESS'S REQUESTED
CHANGE IN PARTICIPATION
.
(b) T
HE COURT SHALL COMPLY WITH ANY FEDERAL OR STATE LAW OR
REGULATION
, INCLUDING ANY SUPREME COURT DIRECTIVE OR POLICY ,
REGARDING THE PROVISION OF ACCOMMODATIONS FOR PEOPLE WITH A
DISABILITY OR FOR PEOPLE WITH LIMITED
ENGLISH PROFICIENCY DURING
ANY PROCEEDING
, REGARDLESS OF WHETHER THE PROCEEDING IS
CONDUCTED IN PERSON OR REMOTELY BY PHONE OR VIDEO ON A PLATFORM
DESIGNATED BY THE COURT
.
(c) I
N THE EVENT A PARTY IS DISCONNECTED OR THERE IS A
TECHNOLOGY FAILURE
, THE COURT SHALL MAKE ALL REASONABLE EFFORTS
TO CONTACT THE PARTY AND SHALL ALLOW THE PARTY REASONABLE TIME
TO REESTABLISH CONNECTION WITH THE COURT
. IF THE PARTY IS UNABLE TO
REESTABLISH CONNECTION
, THE COURT SHALL RESCHEDULE THE HEARING ,
TO BE HELD IN PERSON OR REMOTELY BY PHONE OR VIDEO ON A PLATFORM
DESIGNATED BY THE COURT
, FOR THE FIRST AVAILABLE DATE AFTER THE
DATE OF THE ORIGINALLY SCHEDULED HEARING
, BUT NO LATER THAN ONE
WEEK AFTER THE ORIGINALLY SCHEDULED HEARING
, TO THE EXTENT
PRACTICABLE
.
SECTION 3. In Colorado Revised Statutes, 24-72-704, add (1.5)
as follows:
PAGE 3-HOUSE BILL 24-1133 24-72-704. Sealing of arrest records when no charges filed -
automatic sealing. (1.5) (a) O
N ITS OWN MOTION, THE COURT SHALL ORDER
THE DEFENDANT
'S CRIMINAL JUSTICE RECORDS SEALED WHEN THE DISTRICT
ATTORNEY NOTIFIES THE COURT THAT A PERSON IN INTEREST MEETS ONE OF
THE CONDITIONS OF SUBSECTION
(1) OF THIS SECTION TO FACILITATE
SEALING OF THE RECORDS HELD BY THE COURT
.
(b) 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
(1.5) AT THE TIME OF NOTICE AND SHALL SERVE THE SEALING
ORDER PURSUANT TO SECTION
24-72-703 (8) NO LATER THAN TWENTY-EIGHT
DAYS AFTER THE DATE OF SEALING
.
(c) I
F THE AUTOMATIC SEALING OF A CRIMINAL RECORD DOES NOT
OCCUR
, THE DEFENDANT MAY FILE A MOTION TO SEAL THE CRIMINAL CASE
AT ANY TIME SUBSEQUENT TO THE DISTRICT ATTORNEY
'S NOTICE THROUGH
THE FILING OF A WRITTEN MOTION PURSUANT TO SUBSECTION
(1) OF THIS
SECTION
. THE COURT SHALL NOT CHARGE OR ASSESS THE DEFENDANT ANY
FEES OR COSTS ASSOCIATED WITH FILING A MOTION PURSUANT TO THIS
SUBSECTION
(1.5)(c).
(d) T
HIS SECTION DOES NOT APPLY TO RECORDS THAT ARE SUBJECT
TO THE PROCEDURE SET FORTH IN SECTION
18-13-122 (13).
SECTION 4. In Colorado Revised Statutes, 24-72-705, amend
(1)(d); and add (1)(g) and (3) as follows:
24-72-705. Sealing criminal justice records other than
convictions - simplified process - applicability. (1) (d) Notwithstanding
the provision of
subsection (1)(c) of this section, if the defendant is
acquitted or if the case dismissed is a crime enumerated in section
24-4.1-302 (1), in which notice of a hearing on a motion to seal is required
pursuant to section 24-4.1-303 (11)(b.7), the court shall allow the district
attorney the opportunity to inform the victim that the record will be sealed.
and
IF THERE IS AN OBJECTION BY THE VICTIM , THE DISTRICT ATTORNEY
SHALL NOTIFY THE COURT AND THE COURT
shall set a return date for the
sealing motion no later than forty-two
THIRTY-FIVE days after receipt of the
motion. I
F A RETURN DATE IS SET, THE DEFENDANT IS NOT REQUIRED TO
APPEAR
. IF THERE IS NO OBJECTION WITHIN THIRTY-FIVE DAYS AFTER THE
PAGE 4-HOUSE BILL 24-1133 MOTION IS FILED, THE COURT SHALL GRANT THE MOTION .
(g) C
HARGES THAT ARE DISMISSED PURSUANT TO SECTION
16-8.5-116 ARE NOT ELIGIBLE FOR SEALING.
(3) N
OTWITHSTANDING THE PROVISIONS OF ANY SECTION TO THE
CONTRARY
, WHEN A DEFENDANT HAS A NON -CONVICTION RECORD THAT IS
INELIGIBLE FOR SEALING BECAUSE THE DEFENDANT WAS C ONVICTED OF A
TRAFFIC OFFENSE IN THE SAME CASE
, THE DEFENDANT MAY FILE A MOTION
TO SEAL THE RECORD THROUGH THE PROCEDURES SET FORTH IN SUBSECTION
(2) OF THIS SECTION.
SECTION 5. In Colorado Revised Statutes, 24-72-706, amend
(1)(i) and (2)(b); and repeal (1)(f.5) as follows:
24-72-706. Sealing of criminal conviction and criminal justice
records - processing fee. (1) Sealing of conviction records.
(f.5) (I) Notwithstanding any provision of this part 7 to the contrary, a
motion filed for the sealing of conviction records for an offense that was
unlawful at the time of conviction, but is no longer unlawful pursuant to
section 18-18-434, may be filed at any time. The court shall order the
records sealed unless the district attorney objects pursuant to subsection
(1)(f.5)(II) of this section.
(II) If a motion is filed for the sealing of an offense described in this
subsection (1)(f.5), the defendant shall provide notice of the motion to the
district attorney, who may object. The district attorney shall determine
whether to object to the motion based on whether the underlying conviction
for an offense is no longer unlawful pursuant to section 18-18-434. The
district attorney shall determine whether to object and provide notice to the
court within forty-two days of receipt of the motion. If the district attorney
objects to the motion, the court shall set the matter for hearing and the
burden is on the defendant to show by a preponderance of the evidence that
the underlying factual basis of the conviction sought to be sealed is no
longer unlawful pursuant to section 18-18-434.
(III) (A) A defendant who files a motion pursuant to this subsection
(1)(f.5) must not be charged fees or costs.
(B) Notwithstanding subsection (1)(c) of this section, a defendant
PAGE 5-HOUSE BILL 24-1133 who files a motion pursuant to this subsection (1)(f.5) is not required to
submit a verified copy of the defendant's criminal history with a filed
motion.
(C) Section 24-72-703 (2)(a)(V) does not apply to conviction
records sealed pursuant to this subsection (1)(f.5).
(i) The 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,
INCLUDING, BUT NOT LIMITED TO, SECTION
18-18-106 (8)(a)(II)(B), AS IT EXISTED PRIOR TO JULY 1, 1992; OR SECTION
18-18-406 (8)(a)(II)(B), AS IT EXISTED PRIOR TO AUGUST 11, 2010; OR
SECTION
18-18-406 (6)(a)(II)(B), AS IT EXISTED PRIOR TO OCTOBER 1, 2013.
(2) (b) Notwithstanding the provisions of this section, a
misdemeanor
OR PETTY offense ineligible pursuant to the provisions of
this
section or subsection (2)(a) of this section is eligible for sealing pursuant to
this section if the district attorney consents to the sealing or if the court
finds, by clear and convincing evidence, that the petitioner's need for
sealing of the record is significant and substantial, the passage of time is
such that the petitioner is no longer a threat to public safety, and the public
disclosure of the record is no longer necessary to protect or inform the
public.
SECTION 6. In Colorado Revised Statutes, 24-72-709, amend
(1)(a) as follows:
24-72-709. Sealing of criminal conviction records information
for multiple conviction records. (1) (a) Subject to the provisions of
subsection (5) of this section, a defendant with multiple conviction records
in the state may petition MOTION the court of the jurisdiction where the
conviction record or records pertaining to the defendant are located for the
sealing of the conviction records, except basic identifying information, if
the record or records are not eligible for sealing pursuant to any other
section in this part 7 because of an intervening conviction and if the petition
MOTION is filed within the time frame described in subsection (2) of this
section and proper notice is given to the district attorney. If the multiple
conviction records are in different jurisdictions, the defendant shall file a
petition
MOTION in each jurisdiction with a conviction record that includes
a copy of each petition MOTION filed in the other jurisdictions and provide
PAGE 6-HOUSE BILL 24-1133 notice of the petition MOTION to each district attorney. IF THE CONVICTION
RECORDS ARE IN THE SAME JURISDICTION
, THE DEFENDANT MAY FILE A
MOTION TO SEAL ALL CONVICTION RECORDS IN A SINGLE CASE
, AND THE
DEFENDANT SHALL IDENTIFY THE OTHER CONVICTION RECORDS BY CASE
NAME AND NUMBER IN THE MOTION
.
SECTION 7. In Colorado Revised Statutes, add 24-72-711 as
follows:
24-72-711. Record sealing - change in the law - conduct no
longer prohibited. (1) P
URSUANT TO THE TIMELINES IN THIS SUBSECTION
(1), IF A STATUTORY CHANGE LEGALIZES PREVIOUSLY PROHIBITED CONDUCT ,
A DEFENDANT MAY FILE A MOTION IN ANY CASE IN WHICH A CONVICTION
RECORD EXISTS PERTAINING TO THE DEFENDANT
'S CONVICTION FOR AN
OFFENSE THAT IS NO LONGER PROHIBITED BY STATUTE AND PROVIDE NOTICE
OF THE MOTION TO THE DISTRICT ATTORNEY
. A DEFENDANT MAY FILE THE
MOTION AFTER THE DATE OF THE FINAL DISPOSITION AGAINST THE
DEFENDANT OR THE DATE OF THE DEFENDANT
'S RELEASE FROM SUPERVISION,
WHICHEVER IS LATER.
(2) A
DEFENDANT WHO MAKES A MOTION TO HAVE THE DEFENDANT 'S
CRIMINAL RECORDS SEALED PURSUANT TO THIS SECTION IS NOT REQUIRED TO
PAY ANY FEES OR COSTS ASSOCIATED WITH SEALING THE RECORD
.
(3) T
HE DISTRICT ATTORNEY MAY ONLY OBJECT TO THE SEALING OF
A RECORD PURSUANT TO THIS SECTION IF THE DISTRICT ATTORNEY HAS A
GOOD
-FAITH BELIEF THAT THE OFFENSE THE DEFENDANT IS SEEKING TO SEAL
IS ILLEGAL AT THE TIME THE MOTION TO SEAL IS MADE
. IF THE DISTRICT
ATTORNEY DOES NOT OBJECT WITHIN FORTY
-TWO DAYS AFTER THE DATE OF
THE MOTION TO SEAL THE RECORD
, THE COURT SHALL ORDER THE RECORD
SEALED REGARDLESS OF OTHER CONVICTIONS ON THE DEFE NDANT
'S RECORD.
(4) N
OTWITHSTANDING THE PROVISIONS OF SECTION 24-72-706
(1)(c),
A DEFENDANT WHO FILES A MOTION PURSUANT TO THIS SECTION
SHALL NOT BE REQUIRED TO SUBMIT A VERIFIED COPY OF THE DEFENDANT
'S
CRIMINAL HISTORY WITH THE MOTION
. SECTION 24-72-703 (2)(a)(V) DOES
NOT APPLY TO CONVICTION RECORDS SEALED PURSUANT TO THIS SECTION
.
SECTION 8. In Colorado Revised Statutes, 13-3-117, amend
(3)(b)(II); and add (5) as follows:
PAGE 7-HOUSE BILL 24-1133 13-3-117. State court administrator - automatic conviction
sealing. (3) (b) (II) The district court shall send a copy of the sealing order
to the district attorney's office that prosecuted the case to facilitate sealing
of the records held by the district attorney's offices. The court shall also
send a copy to the state court administrator for purposes of subsections
(3)(b)(III) and (3)(c) of this section. T
O PROTECT DEFENDANT
CONFIDENTIALITY
, A COPY SHALL NOT BE MAILED TO THE DEFENDANT ,
NOTWITHSTANDING ANY COLORADO CRIMINAL RULE OF PROCEDURE TO THE
CONTRARY
.
(5) (a) O
N OR BEFORE JULY 1, 2025, THE STATE COURT
ADMINISTRATOR SHALL COMPILE A LIST OF ALL CRIMINAL JUSTICE RECORDS
OF DEFERRED JUDGMENTS THAT HAVE BEEN SUCCESSFULLY COMPLETED AND
THE CHARGES HAVE BEEN DISMISSED
, ACQUITTALS, AND DIVERSION CASES
PURSUANT TO SECTION
24-72-705 (1)(a) WITH DISPOSITIONS PRIOR TO
AUGUST 2022. THE STATE COURT ADMINISTRATOR SHALL SORT THOSE
CRIMINAL JUSTICE RECORDS BY JUDICIAL DISTRICT AND SEND THE FINAL LIST
TO THE CHIEF JUDGE OF EACH JUDICIAL DISTRICT
.
(b) (I) T
HE STATE COURT ADMINISTRATOR SHALL SEND THE FINAL
LIST COMPILED PURSUANT TO SUBSECTION
(5)(a) OF THIS SECTION TO THE
CHIEF JUDGE FOR THE JUDICIAL DISTRICT
. THE COURTS OF THAT JUDICIAL
DISTRICT SHALL ENTER SEALING ORDERS BASED ON THE LIST RECEIVED
WITHIN FOURTEEN DAYS AFTER RECEIPT OF THE FINAL LIST FROM THE STATE
COURT ADMINISTRATOR
.
(II) T
HE DISTRICT COURT SHALL SEND A COPY OF THE SEALING ORDER
TO THE DISTRICT ATTORNEY
'S OFFICE THAT PROSECUTED THE CASE , AND
UPON RECEIPT OF THE ORDER THE DISTRICT ATTORNEY
'S OFFICE SHALL SEAL
THE RECORDS HELD BY IT
. THE COURT SHALL ALSO SEND A COPY TO THE
STATE COURT ADMINISTRATOR FOR PURPOSES OF SUBSECTION
(5)(b)(III) OF
THIS SECTION
. TO PROTECT DEFENDANT CONFIDENTIALITY , A COPY SHALL
NOT BE MAILED TO THE DEFENDANT
, NOTWITHSTANDING ANY COLORADO
CRIMINAL RULE OF PROCEDURE TO THE CONTRARY
.
(III) T
HE STATE COURT ADMINISTRATOR SHALL ELECTRONICALLY
SEND ALL ORDERS SEALING RECORDS PURSUANT TO THIS SUBSECTION
(5)(b)
TO THE COLORADO BUREAU OF INVESTIGATION USING AN
INFORMATION
-SHARING DATA TRANSFER . UPON RECEIPT OF THE ORDERS,
THE COLORADO BUREAU OF INVESTIGATION SHALL SEAL ALL RECORDS HELD
PAGE 8-HOUSE BILL 24-1133 BY THE ORDERS.
(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 .
SECTION 9. In Colorado Revised Statutes, 16-8.5-116, repeal (12)
as follows:
16-8.5-116. Certification - reviews - termination of proceedings
- rules. (12) If charges against a defendant are dismissed pursuant to this
section, such charges are not eligible for sealing pursuant to section
24-72-705.
SECTION 10. Act subject to petition - effective date. This act
takes effect July 1, 2025; 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 the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 9-HOUSE BILL 24-1133 held in November 2024 and, in such case, will take effect on July 1, 2025,
or on the date of the official declaration of the vote thereon by the governor,
whichever is later.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-HOUSE BILL 24-1133