On June 1, 2022, Governor Jared Polis signed Senate Bill 22-099 into law to make Colorado the seventh state to enact “Clean Slate” legislation to allow for arrest records that do not result in a conviction to be automatically sealed. Connecticut, Delaware, Michigan, Oklahoma, Pennsylvania, and Utah have similar “Clean Slate” laws.
Senate Bill 22-099 allows for other criminal records to be automatically sealed, including civil infractions with four years since the final disposition, petty offense or misdemeanor records with seven years since the final disposition, and felonies with ten years since the final disposition or release from jail, whichever comes later.
However, crimes involving violence that fall under the Crime Victims Rights Act (VRA) – such as murder, assault, sexual assault, and robbery – are not eligible. Colorado law also prevents record-sealing if the defendant still owes restitution, fines, or court fees in the case. Automatic sealing of qualifying records begins in 2024.
The law also requires consumer reporting agencies (CRAs) that employers use for background checks to exclude sealed and expunged records from their consumer reports. By making the process automatic, the law removes barriers that commonly deter otherwise eligible individuals from getting their criminal records sealed.
According to a Clean Slate Colorado Fact Sheet, three out of ten people living in Colorado are burdened with a criminal record that prohibits their ability to find work....
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