Colorado Clean Slate Implementation

May 30th, 2024 | Chris Christian, Director of Compliance

Two years ago on May 31, 2022 Governor Jared Polis signed into law SB 22-99 making Colorado one of a handful but growing list of states to join the “Clean Slate” movement which aims to automatically remove qualifying criminal conviction records from public record repositories. More on the clean slate movement can be found here.

Qualifying Records

The law requires the State Court Administrator to compile a list of eligible convictions records with the following timeframes for sealing:

• Civil Infractions where four years have passed since the final disposition of the case.
• Petty offenses or misdemeanors where at least seven years have passed since the final disposition of the case.
• Eligible felonies where at least ten years have passed since the date of the final disposition of all criminal proceedings, or the release of the defendant from supervision whichever is later.

Implementation Overview and Dates

While Colorado’s clean slate law went into effect August 31, 2022, the implementation dates of qualifying records by the State Court Administrator were set to begin the automatic sealing process in 2024 and 2025. The following are the qualifying records and corresponding implementation dates for automatic sealing by the State Court Administrator:

• Beginning July 1, 2024, the State Court Administrator must compile the list of eligible offenses on a quarterly basis for misdemeanor, petty offenses, civil infractions, and drug convictions.
• Beginning July 1, 2025, the State Court Administrator must add eligible felony convictions to this quarterly compiled list.

The State Court Administrator will forward the compiled lists of eligible offenses each quarter to each District Attorney who, within 45 days, may object to the inclusion of a conviction on the list for a variety of circumstances, of which the State Court Administrator will remove the objected conviction. The State Court Administrator will then send the final list compiled to the chief judge for the judicial district courts who must enter sealing orders within fourteen days after receipt of the final list. The State Court Administrator must also send all orders to seal records to the Colorado Bureau of Investigation.

Take-Aways

Employers who expect to see eligible civil infractions, petty offense and misdemeanors in their background reports should expect to see a decrease in these types of records. Starting in 2025, employers should expect to see a decrease in certain eligible felony convictions. Employers should consider reviewing and updating their background screening policies and practices that may consider these types of records. Employers should also consider the impacts other clean slate laws have on certain types of criminal records that may no longer be available for consideration.

The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website:  https://www.sterlingcheck.com/resources/compliance-updates/

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.