SENATE Amended 3rd Reading May 7, 2012 SENATE Amended 2nd Reading May 4, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0114.01 Michael Dohr x4347 SENATE BILL 12-105 SENATE SPONSORSHIP Steadman, Carroll, Guzman HOUSE SPONSORSHIP Levy, Hullinghorst, Lee, Pabon Senate Committees House Committees Judiciary Finance Appropriations A BILL FOR AN ACT Concerning provisions that improve the reintegration opportunities for persons involved in the criminal justice system, and, in connection therewith, making and reducing appropriations. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The court, at a defendant's first appearance and at sentencing, shall inform the defendant in writing about the potential collateral consequences of a conviction. At sentencing, the court may issue an order of collateral relief that relieves specific collateral consequences if the defendant is sentenced to probation or a community corrections program. A court may issue a certificate of rehabilitation to a person with a criminal record that relieves collateral consequences associated with the person's offense. The court may issue a certificate of fitness if the person applies for the judgment after he or she has completed a specific period of time after completion of his or her criminal sentence. A certificate of fitness and order of collateral relief shall be included in the Colorado integrated criminal justice information system (CJIS). The chief information officer for the CJIS shall purge annually the database of arrest records that did not result in a conviction if the statute of limitations for the crime that caused the arrest has passed. The bill allows a person convicted of a petty offense or a municipal offense to petition the court for sealing the record of the conviction 3 years after the conviction occurred. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 24 to title 16 as follows: ARTICLE 24 Rehabilitation for People with Criminal Records Act 16-24-101. Short title. This article is known and may be cited as the "Rehabilitation for People with Criminal Records Act". 16-24-102. Legislative declaration. (1) The general assembly finds that: (a) The number of individuals in Colorado who have been convicted of crimes has increased substantially since the 1970s. The growth of this convicted population means that every year in Colorado thousands of individuals are released from incarceration, probation, and parole supervision. These individuals must successfully reintegrate into society or be at risk of recidivism. (b) Colorado has a strong interest in promoting rehabilitation and employment to prevent recidivism among its convicted population. If an individual cannot successfully reenter society due in part to the collateral consequences arising from his or her original conviction and that person subsequently reoffends, the new crime generates significant financial and human costs, including harm to one or more victims, expenditures of law enforcement, judicial, and corrections resources and the loss of the productive work that the individual could have contributed to the economy. (c) Major challenges exist for individuals with criminal records, including the increasingly burdensome legal effect of those records and the availability of public records information, including criminal convictions, about all Coloradans to all arms of government and the general public; (d) A criminal conviction negatively affects an individual's legal status through the enforcement of collateral consequences against the individual. In recent years, those collateral consequences have increased in number and severity. (e) A strong connection exists between employment and housing stability and an individual's ability to live as a law-abiding citizen; (f) People with criminal records are not a protected class under any federal civil right or state of Colorado human rights legislation. (2) Therefore, the general assembly declares that it is necessary to provide individuals charged with criminal offenses, being released from supervision or incarceration after a criminal conviction with notice of potential collateral consequences arising from the conviction. This information will allow these individuals to consider such consequences when preparing for reintegration after supervision or developing a parole plan. 16-24-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Collateral consequence" means a collateral sanction or a disqualification. (2) "Collateral sanction" means a penalty, prohibition, bar, or disadvantage, however denominated, imposed on an individual as a result of the individual's conviction of an offense, which penalty, prohibition, bar, or disadvantage applies by operation of law regardless of whether the penalty, prohibition, bar, or disadvantage is included in the judgment or sentence. "Collateral sanction" does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, costs of prosecution, or a restraint or sanction on an individual's driving privilege. (3) "Conviction" or "convicted" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or an adjudication for an offense that would constitute a criminal offense if committed by an adult, or a conviction of a crime under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, which, if committed within this state, would be a felony or misdemeanor. "Conviction" or "convicted" also includes having received a deferred judgment and sentence or a deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or a deferred adjudication. (4) "Disqualification" means a penalty, prohibition, bar, or disadvantage, however denominated, that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. (5) "Felony" means a conviction of a felony in this state, or a conviction of an offense in any other jurisdiction for which a sentence to a term of imprisonment in excess of one year was authorized. (6) "Offense" means a felony, misdemeanor, or petty offense under the law of this state, another state, or the United States. 16-24-104. Limitation on scope. (1) This article does not provide a basis for: (a) Invalidating a plea, conviction, or sentence; (b) A cause of action for money damages; (c) A claim for relief from or defense to the application of a collateral consequence based on a failure to comply with section 16-24-105; (d) Invalidating or changing the requirements imposed by the "Colorado Sex Offender Registration Act", article 22 of this title, or any associated regulations; (e) A challenge to the conditions of probation imposed pursuant to section 18-1.3-204, C.R.S., or the conditions of parole imposed pursuant to article 17, C.R.S.; or (f) Requiring an employer to hire an individual who has received an order of collateral relief issued pursuant to section 16-24-106, or a certificate of rehabilitation issued pursuant to section 16-24-107. (2) This article does not affect or preclude: (a) A claim or right of a victim of an offense; or (b) A right or remedy available under law, other than this article, to an individual convicted of an offense. (3) An order of rehabilitative relief issued under this article does not operate as a pardon, sealing, or expungement. (4) A court's decision denying or granting relief pursuant to sections 16-24-106 and 16-24-107 is not part of the defendant's criminal case and may not be appealed as part of the criminal case. 16-24-105. Notice of collateral consequences upon release. (1) (a) If an individual is sentenced to imprisonment or other incarceration, the officer or agency releasing the individual shall provide the notice described in paragraph (b) of this subsection (1) not more than thirty, and, if practicable, at least ten days before release. (b) The notice shall contain the following information: (I) That collateral consequences may apply because of the conviction; (II) That the state public defender has compiled a list of laws that impose collateral consequences related to a criminal conviction and that the list is available on the state public defender's web site; and (III) That pursuant to section 1-2-103 (4), C.R.S. a person serving a sentence of parole is not eligible to register to vote. 16-24-106. Sentencing order - collateral relief. (1) (a) At the time of sentencing, upon the request of the defendant or upon the court's own motion, a court may enter an order of collateral relief if the court sentences the defendant to probation or to a community corrections program for the purpose of enhancing the defendant's employment or employment prospects and to improve the defendant's likelihood of success on probation or in the community corrections program. The provisions of section 16-24-107 (5), (6), (7), and (8) apply to this section. A defendant is not required to pay a filing fee as result of this section. (2) An order of collateral relief may relieve a defendant of any collateral consequences of the conviction, whether in housing or employment barriers or any other sanction or disqualification that the court shall specify, including but not limited to statutory, regulatory, or other collateral consequences that the court may see fit to relieve that will assist the defendant in successfully completing probation or a community corrections sentence. (3) Notwithstanding any other provision of law, an order of collateral relief cannot relieve any collateral consequences imposed by law for licensure by the department of education or any collateral consequences imposed by law for employment with the judicial branch, the department of corrections, division of youth corrections in the department of human services, or any other law enforcement agency in the state of Colorado. (4) If the court issues an order of collateral relief, it shall send a copy of the order of collateral relief through the Colorado integrated criminal justice information system to the Colorado bureau of investigation, and the Colorado bureau of investigation shall include a note in the applicant's record in the Colorado crime information center that the order of collateral relief was issued. (5) The court may revoke an order of collateral relief upon evidence of a subsequent criminal conviction or proof that the holder of the judgment has become a present risk to public safety. Any bars, prohibitions, sanctions, and disqualifications thereby relieved shall be reinstated as of the date of the written order of revocation. The court shall provide a copy of the order of revocation to the holder. 16-24-107. Order of rehabilitative relief. (1) A court may issue an order of rehabilitative relief that relieves a person with a criminal record of any or all collateral consequences of criminal convictions, whether in housing or employment barriers or any other sanction or disqualification that the court shall specify, including but not limited to statutory, regulatory, or other collateral consequences that the court may see fit to relieve. (2) Notwithstanding any other provision of law, an order of rehabilitative relief cannot relieve any collateral consequences imposed by law for licensure by the department of education or any collateral consequences imposed by law for employment with the judicial branch, the department of corrections, division of youth corrections in the department of human services, or any other law enforcement agency in the state of Colorado. (3) Jurisdiction and venue. (a) The court may issue an order of rehabilitative relief to an eligible applicant for a conviction that occurred in that court if the court imposed the sentence. (b) For federal convictions or convictions from other states, proper venue is in the county of the applicant's residence in Colorado, and the applicant shall prove either: (I) That he or she is a citizen of the state of Colorado; or (II) If he or she is not a citizen of Colorado, that his or her conviction from another jurisdiction is creating, will create, or has a direct collateral consequence in Colorado. (4) Timing. (a) If an order of collateral relief pursuant to section 16-25-106 is not issued at the time of sentencing, a court shall not issue an order of rehabilitative relief of any kind until the applicable time prescribed in paragraph (b) of this subsection (4) has elapsed after termination of the applicant's criminal sentence, and the applicant submits a verified application to the court that sets forth with particularity the applicant's grounds for believing that he or she is rehabilitated and not a risk to public safety. When the individual files the application, he or she shall pay a filing fee of two hundred twenty-five dollars, which shall be deposited in the judicial stabilization cash fund created in section 13-32-101, C.R.S. (b) A court may order an order of rehabilitative relief after: (I) At least three years after termination of the applicant's criminal sentence in the case of the most recent eligible felony conviction; (II) At least one year after the termination of the applicant's criminal sentence in the case of the most recent misdemeanor conviction; and (III) A juvenile successfully completes a sentence to the youthful offender system, if the petition relates to an offense that resulted in the juvenile's sentence to the youthful offender system. (5) A court shall not issue an order of rehabilitative relief if the defendant: (I) Has been convicted of a felony that included an element that requires a victim to suffer permanent disability; (II) Has been convicted of a crime of violence as described in section 18-1.3-406, C.R.S.; or (III) Is required to register as a sex offender pursuant to section 16-22-103. (6) Application contents. (a) An application for an order of rehabilitative relief shall cite the grounds for granting the relief, the type of relief sought and the specific collateral consequence from which the applicant is seeking relief, the criminal case number for each case for which relief is being sought, a copy of a recent Colorado bureau of investigation fingerprint-based criminal history records check, and, if available, a copy of the applicant's probation or presentence report for each conviction for which the applicant is seeking relief. The state court administrator may produce an application form that an applicant may submit in application. (b) The applicant shall file his or her application for an order of rehabilitative relief with the appropriate court pursuant to subsection (3) of this section, and he or she shall provide a copy of the application to the district attorney for the jurisdiction in which the application is filed and to the regulatory or licensing body that has jurisdiction over the collateral consequence from which the applicant is seeking relief, if any. (c) When the individual files the application, he or she shall, in addition to the court's docket fee, pay a filing fee of two hundred twenty-five dollars, which shall be deposited in the judicial stabilization cash fund created in section 13-32-101, C.R.S. (7) Hearing. (a) The court may conduct a hearing on the application or on any matter relevant to the granting or denying of the application and may take testimony under oath. (b) The court may hear testimony from victims or any proponent or opponent of the application and may hear argument from the petitioner and the district attorney. (8) Standard for granting relief. (a) A court may issue an order of rehabilitative relief if the court finds that: (I) The order of rehabilitative relief is consistent with the applicant's rehabilitation; and (II) Granting the application would improve the applicant's likelihood of success in reintegrating into society and is in the public's interest. (b) If the court orders an order of rehabilitative relief, it shall specify each conviction for which the order applies. (c) The court that previously issued an order of rehabilitative relief, on its own motion or either by cause shown by the district attorney or on grounds offered by the applicant, may at any time issue a subsequent judgment to enlarge, limit, or circumscribe the relief previously granted. (d) Upon the motion of the district attorney or probation officer or upon the court's own motion, a court may revoke an order of rehabilitative relief upon evidence of a subsequent criminal conviction or proof that the defendant is no longer entitled to relief. Any bars, prohibitions, sanctions, and disqualifications thereby relieved shall be reinstated as of the date of the written order of revocation. The court shall provide a copy of the order of revocation to the holder and to any regulatory or licensing entity that the defendant noticed in his or her motion for relief. (9) If the court issues an order of rehabilitative relief, it shall send a copy of the order of rehabilitative relief through the Colorado integrated criminal justice information system to the Colorado bureau of investigation, and the Colorado bureau of investigation shall include a note in the applicant's record in the Colorado crime information center that the order of rehabilitative relief was issued. (10) A person who knowingly uses or attempts to use a copy of a revoked order of rehabilitative relief to obtain or to exercise any right or privilege that he or she would not be entitled to obtain or to exercise without a valid judgment is guilty of a class 1 misdemeanor. 16-24-108. Effect of pardon and clemency. (1) A pardon issued by the governor shall waive all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences. (2) Notwithstanding any other provision of this article, a person who receives clemency from the governor may apply for an order of rehabilitative relief pursuant to section 16-24-107 no sooner than three years after the date of clemency or the discharge of the sentence, whichever is later. (3) If the governor grants a pardon or a request for clemency, the governor shall provide a copy of the pardon or clemency to the Colorado bureau of investigation, and the Colorado bureau of investigation shall include a note in the individual's record in the Colorado crime information center that a pardon was issued or clemency was granted. SECTION 2. In Colorado Revised Statutes, 24-34-104, add (9) (b) (VIII.5) as follows: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (9) (b) In such hearings, the determination as to whether an agency has demonstrated a public need for continued existence of the agency or function and for the degree of regulation it practices shall be based on the following factors, among others: (VIII.5) Whether the agency through its licensing or certification process imposes any disqualifications on applicants based on past criminal history and, if so, whether the disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subparagraph (I) of paragraph (a) of subsection (8) of this section shall include data on the number of licenses or certifications that were denied, revoked, or suspended based on a disqualification and the basis for the disqualification. SECTION 3. In Colorado Revised Statutes, 24-34-104.1, amend (2) (d), (2) (e), (4) (b) (II), and (4) (b) (III); and add (2) (f) and (4) (b) (IV) as follows: 24-34-104.1. General assembly sunrise review of new regulation of occupations and professions. (2) Any professional or occupational group or organization, any individual, or any other interested party that proposes the regulation of any unregulated professional or occupational group shall submit the following information to the department of regulatory agencies. A proposal to regulate a professional or occupational group shall be reviewed only when the party requesting such review files with the department a statement of support for the proposed regulation that has been signed by at least ten members of the professional or occupational group for which regulation is being sought or at least ten individuals who are not members of such professional or occupational group, along with the following information: (d) The benefit to the public that would result from the proposed regulation; and (e) The cost of the proposed regulation; and (f) A description of any anticipated disqualifications on an applicant for licensure, certification, relicensure, or recertification based on criminal history and how the disqualifications serve public safety or consumer protection interests. (4) (b) In such hearings, the determination as to whether such regulation of an occupation or a profession is needed shall be based upon the following considerations: (II) Whether the public needs, and can reasonably be expected to benefit from, an assurance of initial and continuing professional or occupational competence; and (III) Whether the public can be adequately protected by other means in a more cost-effective manner; and (IV) Whether the imposition of any disqualifications on applicants for licensure, certification, relicensure, or recertification based on criminal history serves public safety or commercial or consumer protection interests. SECTION 4. In Colorado Revised Statutes, add 24-72-308.7 as follows: 24-72-308.7. Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions. (1) Definitions. For purposes of this section, "conviction records" means arrest and criminal records information and any records pertaining to a judgment of conviction. (2) Sealing of conviction records. (a) (I) A defendant may petition the district court of the district in which any conviction records pertaining to the defendant for a petty offense or municipal violation are located for the sealing of the conviction records, except basic identifying information, if: (A) The petition is filed three or more years after the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction, whichever is later; and (B) The defendant has not been charged or convicted for a criminal offense in the three or more years since the date of the final disposition of all criminal proceedings against him or her or the date of the defendant's release from supervision, whichever is later. (II) Upon filing the petition, the defendant shall pay the filing fee required by law and an additional filing fee of two hundred dollars to cover the actual costs related to the filing of the petition to seal records. The additional filing fees collected under this subparagraph (II) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S. (III) A petition to seal records pursuant to this section may only be filed once during a twelve month period. The court shall immediately dismiss a second or subsequent petition filed within twelve months of another petition. (IV) An order sealing conviction records shall not deny access to the criminal records of a defendant by any court, law enforcement agency, criminal justice agency, prosecuting attorney, or party or agency required by law to conduct a criminal history record check on an individual. An order sealing conviction records shall not be construed to vacate a conviction. A conviction sealed pursuant to this section may be used by a criminal justice agency, law enforcement agency, court, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case, including but not limited to any subsequent case that is filed against the defendant, or for any other lawful purpose within the scope of his, her, or its duties. If a defendant is convicted of a new criminal offense after an order sealing conviction records is entered, the court shall order the conviction records to be unsealed. A party or agency required by law to conduct a criminal history record check shall be authorized to use any sealed conviction for the lawful purpose for which the criminal history record check is required by law. (V) Conviction records may not be sealed if the defendant still owes restitution, fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the petition to seal conviction records, unless the court that entered the order for restitution, fines, court costs, late fees, or other fees has vacated the order. (b) (I) A petition to seal conviction records pursuant to this section shall include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed. A verified copy of the defendant's criminal history, current through at least the twentieth day prior to the date of the filing of the petition, shall be submitted to the court by the defendant along with the petition at the time of filing, but in no event later than the tenth day after the petition is filed. The defendant shall be responsible for obtaining and paying for his or her criminal history record. (II) (A) Upon the filing of a petition, the court shall review the petition and determine whether there are grounds under this section to proceed to a hearing on the petition. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the defendant is not entitled to relief under this section, the court shall enter an order denying the petition and mail a copy of the order to the defendant. The court's order shall specify the reasons for the denial of the petition. (B) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition under this section, the court shall set a date for a hearing, and the defendant shall notify by certified mail the prosecuting attorney, the arresting agency, and any other person or agency identified by the defendant. (c) After the hearing described in subparagraph (II) of paragraph (b) of this subsection (2) is conducted and if the court finds that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining the conviction records, the court may order the conviction records, except basic identification information, to be sealed. In making this determination, the court shall, at a minimum, consider the severity of the offense that is the basis of the conviction records sought to be sealed, the criminal history of the defendant, the number of convictions and dates of the convictions for which the defendant is seeking to have the records sealed, and the need for the government agency to retain the records. An order entered pursuant to this paragraph (c) shall be directed to each custodian who may have custody of any part of the conviction records that are the subject of the order. Whenever a court enters an order sealing conviction records pursuant to this paragraph (c), the defendant shall provide the Colorado bureau of investigation and each custodian of the conviction records with a copy of the order. The petitioner shall provide a private custodian with a copy of the order and send the private custodian an electronic notification of the order. Each private custodian that receives a copy of the order from the petitioner shall remove the records that are subject to an order from its database. The defendant shall pay to the bureau any costs related to the sealing of his or her criminal conviction records in the custody of the bureau. Thereafter, the defendant may request and the court may grant an order sealing the civil case in which the conviction records were sealed. (d) Except as otherwise provided in subparagraph (III) of paragraph (a) of this subsection (2), upon the entry of an order to seal the conviction records, the defendant and all criminal justice agencies may properly reply, upon an inquiry in the matter, that public conviction records do not exist with respect to the defendant. (e) Except as otherwise provided in subparagraph (III) of paragraph (a) of this subsection (2), inspection of the records included in an order sealing conviction records may thereafter be permitted by the court only upon petition by the defendant. (f) (I) Except as otherwise provided in subparagraph (III) of paragraph (a) of this subsection (2) or in subparagraphs (II) and (III) of this paragraph (f), employers, state and local government agencies, officials, landlords, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in sealed conviction records. An applicant need not, in response to any question concerning conviction records that have been sealed, include a reference to or information concerning the sealed conviction records and may state that the applicant has not been criminally convicted. (II) Subparagraph (I) of this paragraph (f) shall not preclude the bar committee of the Colorado state board of law examiners from making further inquiries into the fact of a conviction that comes to the attention of the bar committee through other means. The bar committee of the Colorado state board of law examiners shall have a right to inquire into the moral and ethical qualifications of an applicant, and the applicant shall not have a right to privacy or privilege that justifies his or her refusal to answer a question concerning sealed conviction records that have come to the attention of the bar committee through other means. (III) The provisions of subparagraph (I) of this paragraph (f) shall not apply to a criminal justice agency or to an applicant to a criminal justice agency. (IV) Any member of the public may petition the court to unseal any file that has been previously sealed upon a showing that circumstances have come into existence since the original sealing and, as a result, the public interest in disclosure now outweighs the defendant's interest in privacy. (g) The office of the state court administrator shall post on its web site a list of all petitions to seal conviction records that are filed with a district court. A district court may not grant a petition to seal conviction records until at least thirty days after the posting. After the expiration of thirty days following the posting, the petition to seal conviction records and information pertinent thereto shall be removed from the web site of the office of the state court administrator. (h) Nothing in this section shall be construed to authorize the physical destruction of any conviction records. (i) Notwithstanding any provision in this section to the contrary, in regard to any conviction of a defendant resulting from a single case in which the defendant is convicted of more than one offense, records of the conviction may be sealed pursuant to the provisions of this section only if the records of every conviction of the defendant resulting from that case may be sealed pursuant to the provisions of this section. (3) Advisements. (a) Whenever a defendant is sentenced following a conviction of a petty or municipal offense, the court shall provide him or her with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section. (b) In addition to, and not in lieu of, the requirement described in paragraph (a) of this subsection (3), if a defendant is sentenced to probation following a conviction of a petty or municipal offense, the probation department, upon the termination of the defendant's probation, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section. (4) The provisions of this section shall not apply to conviction records that are in the possession of a criminal justice agency when an inquiry concerning the conviction records is made by another criminal justice agency. (5) Rules of discovery - rules of evidence - witness testimony. Court orders sealing records of official actions pursuant to this section shall not limit the operations of: (a) The rules of discovery or the rules of evidence promulgated by the supreme court of Colorado or any other state or federal court; or (b) The provisions of section 13-90-101, C.R.S., concerning witness testimony. SECTION 5. In Colorado Revised Statutes, 8-2-201, add (3) as follows: 8-2-201. Damages - fellow servant rule abolished - limitation on admission of criminal history. (3) In a judicial or administrative proceeding alleging negligence or other fault, an order of collateral relief or an order of rehabilitative relief issued under article 24 of title 16, C.R.S., may be introduced as evidence of a person's due care in hiring, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the order or certificate was issued, if the person knew of the order or certificate at the time of the alleged negligence or other fault. SECTION 6. In Colorado Revised Statutes, 24-5-101, add (3) as follows: 24-5-101. Effect of criminal conviction on employment rights. (3) Whenever a state or local agency is required to make a finding described in subsection (2) of this section, an order of collateral relief or an order of rehabilitative relief issued under article 24 of title 16, C.R.S., if issued to a person seeking employment and applicable to the type of employment sought, shall create a presumption that the person is of good moral character as it relates to the employment sought. SECTION 7. In Colorado Revised Statutes, 24-72-308, amend (1) (a) (I) and (1) (a) (III) introductory portion as follows: 24-72-308. Sealing of arrest and criminal records other than convictions. (1) (a) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to said person in interest is located for the sealing of all of said records, except basic identification information, if the records are a record of official actions involving a criminal offense for which said person in interest was not charged and the statute of limitations for the offense for which the person was arrested that has the longest statute of limitations has run, in any case which was completely dismissed, or in any case in which said person in interest was acquitted. (III) A person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to said person in interest is located for the sealing of all of said records, except basic identification information, if the records are a record of official actions involving a criminal offense that was not charged or a case that was dismissed due to a plea agreement in a separate case, and if: SECTION 8. In Colorado Revised Statutes, 19-1-306, amend (5) (c) (I) as follows: 19-1-306. Expungement of juvenile delinquent records. (5) (c) The court may order expunged all records in the petitioner's case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that: (I) The petitioner who is the subject of the hearing has not been convicted of a felony as an adult within the preceding ten years or of a misdemeanor as an adult within the preceding five years and has not been adjudicated a juvenile delinquent since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision; SECTION 9. In Colorado Revised Statutes, 24-34-102, add (8.7) as follows: 24-34-102. Division of registrations - creation - duties of division and department heads - license, registration, or certification renewal, reinstatement, and endorsement - definitions. (8.7) If an applicant provides a licensing entity with an order of collateral relief pursuant to section 16-24-106, C.R.S., or an order of rehabilitative relief pursuant to section 16-24-107, C.R.S., the order permits, but does not require the licensing entity to grant the applicant the license requested. The order shall be considered along with all of the other information provided to the licensing entity, and the licensing entity is governed by section 24-5-101, for purposes of granting or denying licensure or placing any conditions on licensure. SECTION 10. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the judicial stabilization cash fund created in section 13-32-101 (6), Colorado Revised Statutes, not otherwise appropriated, to the judicial department, for the fiscal year beginning July 1, 2012, the sum of $333,674 cash funds and 5.2 FTE, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $75,724 for courthouse capital/infrastructure maintenance; (b) $250,575 and 5.2 FTE for trial court programs for personal services; and (c) $7,375 for trial court programs for operating expenses. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the Colorado bureau of investigation identification unit fund created in section 24-33.5-426, Colorado Revised Statutes, not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2012, the sum of $33,901 cash funds and 1.0 FTE, or so much thereof as may be necessary, for allocation to the Colorado bureau of investigation for the implementation of this act as follows: (a) $28,485 and 1.0 FTE for administration for personal services; and (b) $5,416 for administration for operating expenses. (3) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of public safety, for the fiscal year beginning July 1, 2012, the sum of $15,000, or so much thereof as may be necessary, for allocation to the Colorado bureau of investigation, Colorado crime information center, for information technology costs related to the implementation of this act. SECTION 11. Appropriation - adjustments in 2012 long bill. (1) For the implementation of this act, appropriations made in the annual general appropriation act to the judicial department for the fiscal year beginning July 1, 2012, are adjusted as follows: (a) The general fund appropriation for trial court programs, personal services, is decreased by $15,000. (b) The cash funds appropriation for trial court programs, personal services, is increased by $15,000. Said sum is from the judicial stabilization cash fund created in section 13-32-101 (6), Colorado Revised Statutes. SECTION 12. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.