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Lawmakers will vote on a proposed bill that would seal criminal records for more than one million CO residents.

The Current Expungement Process

Colorado’s current law says juveniles or adults may file motions of relief to have certain criminal records expunged. To complete this process, they must pay various fees and wait several months for an answer.

Many Coloradans who might be eligible for expunction have not made an attempt to get started. In some cases, this could be because they do not have the time or money that is required.

About The Proposed Bill

House Bill 21-1214 (HB12-1214), titled The Record Sealing Collateral Consequences Reduction Act, calls for the automatic expungement of arrests that did not result in convictions. If it becomes law, the Colorado Bureau Of Investigation (CBI) would seal arrest records that occurred on or following January 1, 2022 after one year has passed and no charges have been filed.

The CBI would seal arrest records that happened before that date if they meet the following criteria:

• Felonies with a 3-year statute of limitations if 3 years have passed since the date of arrest without the filing of charges; and
• Misdemeanors, traffic misdemeanors, petty offenses, or municipal violations with an 18-month statute of limitations or less if 18 months have passed since the date of arrest without the filing of charges.

If the bill becomes law, individuals with multiple convictions will be permitted to petition the court to have them all sealed at once. Unless a District Attorney objects, the court will hold a hearing to make a determination.

Other Records Can Be Expunged

The Act lists other types of convictions that can be considered for expungement. These shall be reviewed by the CBI and then a state District Attorney. If they are approved, a list of records will be sent to the Administrator, who would sort the convictions by judicial district. Next, the Chief Judge for each district will have those records sealed.

Not All Records Can Be Sealed

HB12-1214 includes some exceptions. Felony arrests with a statute of limitations of longer than 3 years or with no statute of limitations are not eligible for automatic sealing.

Why The Bill Was Introduced

Millions of Americans have arrest and criminal records. Many are for minor offenses, outdated crimes or arrests that did not lead to convictions. Having any type of record can be a detriment for people when they are trying to find jobs, housing and other necessities.

When criminal records are expunged, people are given second chances to live more normal lives and contribute to society. Studies have shown that policies which promote this effort help reduce the rate of recidivism and create a larger pool of qualified applicants for employers.

What CO Employers Should Know

Organizations in Colorado should be aware that if HB12-1214 passes, many criminal records could be expunged. When that happens, they cannot be used to help make any employment decisions. This makes it important for organizations to rely on accredited Consumer Reporting Agencies (CRAs) when requesting background checks.

CRAs take numerous steps to ensure reports contain current, accurate information that their clients can use to help make informed decisions and create safe workplaces. Records that have been expunged will not be included.

Running Background Checks

Background checks are an essential part of the hiring process. If your business is screening applicants, volunteers or contractors, please contact us. Our experienced team can help you customize background check packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.