SB 22-099 CO

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Became Law

The act requires a consumer reporting agency to exclude sealed and expunged records from a consumer report, unless the user of the report demonstrates that the user is otherwise required to consider the information pursuant to law. Currently, there is a process that allows for automatic sealing of criminal justice records for certain drug offenses. The act extends automatic sealing to all offenses, including civil infractions, that allow a defendant to petition the court for sealing criminal justice records that are not subject to the victims rights act. The act streamlines the automatic record sealing process. The act allows a district attorney to object to the automatic sealing of a felony offense that is not a drug felony and, if the defendant requests a hearing in that case, the court shall schedule a hearing to determine whether to seal the records. The act requires the state court administrator to produce an annual report regarding automatic record sealing. During the 2023 and 2024 legislative sessions, the judicial department shall report on the progress of its implementation of the automatic sealing created by the act, including as part of the department's SMART act hearing. The act requires district attorneys, in the completion of diversion prior to charges being filed, to seal diversion records without a court order. The act provides that a defendant's and a district attorney's access to sealed records do not require a court order. The act provides the conditions that must be met for a researcher to access sealed records without a court order. The act allows a record to be sealed if a defendant owes fines, court fees, late fees, or other court-ordered fees. The act requires the Colorado bureau of investigation to produce an annual report regarding record sealing. The act makes clarifying and organizational changes to the record sealing statutes. The act appropriates $725,145 from the general fund to the judicial department to implement the act. (Note: This summary applies to this bill as enacted.)

• Dennis Hisey · primary
• Robert Rodriguez Democratic · primary
• Kerry Tipper · primary
• Colin Larson · primary

1. May 31, 2022 Governor Signed · executive
2. May 11, 2022 Sent to the Governor · executive
3. May 10, 2022 Signed by the Speaker of the House · lower
4. May 10, 2022 Signed by the President of the Senate · upper
5. May 2, 2022 House Third Reading Passed - No Amendments · lower
6. Apr 29, 2022 House Committee on Appropriations Refer Unamended to House Committee of the Whole · lower
7. Apr 29, 2022 House Second Reading Special Order - Passed - No Amendments · lower
8. Apr 26, 2022 House Committee on Judiciary Refer Unamended to Appropriations · lower
9. Apr 20, 2022 Introduced In House - Assigned to Judiciary · lower
10. Apr 20, 2022 Senate Third Reading Passed - No Amendments · upper
11. Apr 19, 2022 Senate Second Reading Special Order - Passed with Amendments - Committee · upper
12. Apr 19, 2022 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole · upper
13. Feb 24, 2022 Senate Committee on Judiciary Refer Amended to Appropriations · upper
14. Feb 1, 2022 Introduced In Senate - Assigned to Judiciary · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Signed Act (05/31/2022) · PDF
• Final Act (05/10/2022) · PDF
• Rerevised (05/02/2022) · PDF
• Revised (04/29/2022) · PDF
• Reengrossed (04/20/2022) · PDF
• Engrossed (04/19/2022) · PDF
• Introduced (02/01/2022) · PDF
• PA2 (04/19/2022) · PDF
• PA1 (02/25/2022) · PDF
• Committee Amendment · PDF