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Bill Detail: SB21-074

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Title Expunge Nonviolent Convictions After Three Years
Status Senate Committee on Judiciary Postpone Indefinitely (02/25/2021)
Bill Subjects
  • Courts & Judicial
House Sponsors
Senate Sponsors J. Coleman (D)
House Committee
Senate Committee Judiciary
Date Introduced 02/16/2021
Summary

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.

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with Amendments
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