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The governor of Colorado signed legislation that allows for eligible arrest records and convictions to be expunged after a specified amount of time has passed.

About The Bill

Colorado’s Senate Bill 22-099 (SB22-099) says arrest records that did not lead to a conviction and other types of criminal records can be eligible to for expunction. They include:

• Civil infractions, if at least four years have passed since the date of the disposition.
• Petty offenses, if at least seven years have passed since the date of the disposition.
• Some felonies can also be eligible after ten years.

SB22-099 notes that the state court administrator will compile a list of eligible convictions. If a case has not yet had a final disposition, it cannot be included. Individuals who have incurred additional convictions during the applicable waiting periods are not eligible to be named on this list.

Learn more about the law.

Exceptions

Various types of criminal records may not be expunged. Examples include:

• Violent crimes, such as murder, assault, sexual assault and other offenses that are listed by the Crime Victims Rights Act (VRA).
• Records that are objected to by District Attorneys (DA), if the matter is reviewed and the court sides with the DA.

What Employers Should Know

Employers in Colorado should be aware of this legislation and know that it means many residents are likely to have certain criminal records expunged. When this happens, those records will no longer be publicly available. They cannot be considered by employers or other entities when they are making decisions about consumers.

A good way to help ensure your business does not inadvertently review expunged records is to work with an accredited Consumer Reporting Agency (CRA). CRAs take all reasonable steps to make sure their reports do not contain sealed records and that they only provide current, accurate data. These reports can be used to help employers make informed decisions, demonstrate due diligence and maintain safe work environments.

Running Background Checks

It is important for every employer to run comprehensive background checks on all potential employees, volunteers and contractors. Doing this shows the organization is taking steps to avoid negligent hiring and follow applicable laws wherever they operate.

If your organization needs employment screening services, please contact us. Our experienced, friendly team can help you customize background check packages that are perfectly suited for any position and compliant with relevant legislation and industry requirements. We are based in the United States and available to assist you Monday through Friday from 5am to 6pm PT.