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About The Bill

Senator James Coleman filed Senate Bill 21-074 (SB21-074) to establish a method for expunging certain non-violent offenses. If it passes, eligible misdemeanors will be expunged three years after the person completed their sentence or five years for felonies.

Currently, Coloradans may submit petitions to have their criminal records sealed. However, studies show that only around 6.5% of residents with convictions do this. SB21-074 is expected to help people by creating a system that handles expungement without the need for anyone to file requests or take other actions.

Read the proposed bill.

Eligibility

SB21-074 clarifies that expungement is only available to individuals who do not have pending charges. The bill defines which types of records would be eligible:

• Nonviolent misdemeanor offenses. This refers to class 1, 2 or 3 misdemeanors that do not involve cruelty to an animal or the use or threat of physical force on or to a person in the commission of the misdemeanor.
• Nonviolent felonies. This can include charges that were not crimes of violence or offenses committed against children.

If SB21-074 becomes law, a state court administrator will compile a list of eligible convictions and send them to the Colorado Bureau of Investigations. Each one would be reviewed by a local attorney and returned to the administrator. A chief judge must conduct a final review before authorizing expungement for these records.

When Criminal Records Are Expunged

Once a conviction is expunged, it is no longer publicly available. These records cannot be considered by employers or organizations that make decisions about consumers. Individuals who have records expunged can act as if the offense(s) never occurred.

What Colorado Employers Should Know

Employers in Colorado should be aware that if SB21-074 is implemented, many criminal records are likely to be expunged. It is essential for organizations to only consider current, accurate data. They can help accomplish this by working with an accredited Consumer Reporting Agency (CRA). CRAs take steps to keep up with relevant laws and only provide reportable records that empower employers make informed decisions.

If the bill passes, CO employers may wish to consult with counsel and update their hiring and employment policies accordingly.

If You Need Background Checks

When your organization brings on employees, contractors or volunteers, running comprehensive background checks is an essential part of the process. These reports can show you if a seemingly qualified candidate has a serious criminal history that might indicate they pose an undue risk. Running them demonstrates you are following due diligence practices and dedicated to maintaining safe workplaces.

The team at Backgrounds Online can help you customize screening packages for any position. Depending on the job type, you may wish to include employment or education verifications, additional criminal searches and relevant position-focused components. Contact us for expert assistance and answers to your screening questions. We are available to assist you Monday through Friday from 5am to 6pm PT.