Colorado Rights Blog

HB16-1265: Expunge Arrest Records Based On Mistaken Identity

Criminal Legal Reform
Bill Number: HB16-1265
Year: 2016
ACLU Position: Support
Sponsors: J. Melton / D. Esgar / M. Johnston / J. Cooke


The bill requires a law enforcement agency to file a petition to
expunge the arrest record of a person who is arrested as a result of
mistaken identity and with no charges filed with the district court in the
judicial district where the person was arrested. The law enforcement
agency shall file the petition within 90 days after determining that the
person was arrested based on mistaken identity. The court shall enter an
order of expungement within 90 days after receiving the petition. The bill
prohibits employers, educational institutions, state and local government
agencies, officials, and employees from, in any application or interview
or in any other way, requiring an applicant to disclose information
contained in expunged records.

Current Status:

Governor Signed (06/10/2016)

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