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Colorado Rights Blog

SB21-074: Expunge Nonviolent Convictions After Three Years

Bill Number: SB21-074
Year: 2021
ACLU Position: Support
Sponsors: J. Coleman

Description:

The bill creates a process to automatically expunge petty offenses a year after completion of the sentence, nonviolent misdemeanors 3 years after the completion of the sentence, and nonviolent felonies 5 years after the completion of the sentence.

The bill creates a list of convictions for which automatic expungement is not permitted.

The bill requires the state court administrator (administrator) to compile a list of convictions that are eligible for expungement. After the administrator compiles the list, the administrator sends the list to the Colorado bureau of investigation (bureau) for review, and the bureau removes from the list any convictions in which the identity of the defendant is unverifiable or in which the defendant had another conviction during the waiting period. The bureau sends its amended list to each district attorney in the state, and the district attorney removes any convictions in which the defendant has a pending criminal charge. Each district attorney sends its amended list to the administrator. The administrator compiles all of the lists into one final list and sorts the convictions by judicial district.

If the chief judge of a judicial district authorizes the administrator to issue expungement orders, the administrator shall issue expungement orders based on the final list. If the chief judge of a judicial district does not authorize the administrator to issue expungement orders, the administrator shall send the final list to the chief judge of the judicial district, and the courts of that judicial district shall enter expungement orders based on the final list received.

The administrator shall develop a website that allows a defendant to confidentially determine whether the defendant’s conviction has been expunged and provides information about how to receive a copy of the expungement order.


Current Status:

Senate Committee on Judiciary Postpone Indefinitely (02/25/2021)



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