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Legislators in Colorado approved a bill that is expected to result in the expunction of more than 100,000 non-violent criminal records.

The Clean Slate Act

A Clean Slate Act that was signed into Colorado law back in 2022 went into effect in July 2024. The Act explains that a variety of non-violent criminal and arrest records are now eligible to be sealed. In some cases, this will happen automatically. For those that aren’t, residents will be empowered to file a petition to have their records sealed and, when possible, expunged.

Qualifying records include:

• Arrests that did not result in any charge after one year. These will be automatically sealed after 60 days.
• Civil infractions that are more than 4 years old.
• Petty offenses and misdemeanors that are more than 7 years old.
• Non-violent felonies for which the petitioner was released from prison at least 10 years prior.

Some records will not be eligible. Examples include:

• DUIs.
• Violent offenses.
• Sexual offenses.
• Stalking.

Expectations

To get started on this project, Colorado’s Judicial Department reviewed a large variety of records that could qualify for automatic sealing. More than 140,000 records were positively identified. However, District Attorneys who participated in the initial cases will be given the opportunity to review these requests and then have 45 days to submit objections.

As awareness of the Clean Slate Act increases, thousands of Coloradans are expected to file petitions to have their records sealed. The process is said to be complex, so people might opt to work with legal counsel to accelerate the process. There are nonprofit organizations, such as Expunge Colorado, that offer their services to help people get their cases resolved expeditiously.

What This Means For Employers

Organizations in Colorado should be aware of this Act and know that it will result in the expunction of thousands of criminal records. Once a record is expunged, it is no longer publicly available. These records cannot be considered by hiring managers or anyone who is making decisions about consumers.

To help avoid the risk of inadvertently reviewing expunged records, many businesses opt to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). Before they may become accredited, these CRAs must undergo an audit by a third party and demonstrate that they follow reasonable procedures to ensure the records they provide are current, accurate and reportable.

Running Background Checks

If your organization needs employment background checks, please contact us. Backgrounds Online is a fully accredited CRA with more than 20 years of experience as a leader in the screening industry.

Our friendly, experienced team can help you customize screening packages that are tailored to your specific needs and comply with applicable laws and industry regulations. We are a service first company that is always happy to hear from you. Based in California, we are available to assist you Monday through Friday from 5am to 6pm PT.