NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1265
      
      
      BY REPRESENTATIVE(S) Melton and Esgar, Salazar, Becker K., Brown,
      Conti, Court, Duran, Fields, Garnett, Ginal, Hamner, Kagan,
      Klingenschmitt, Kraft-Tharp, Lebsock, Lee, Lontine, McCann,
      Mitsch Bush, Moreno, Pettersen, Priola, Rosenthal, Ryden, Saine, Vigil,
      Young, Hullinghorst;
      also SENATOR(S) Johnston and Cooke, Aguilar, Baumgardner, Carroll,
      Donovan, Garcia, Grantham, Guzman, Heath, Hill, Hodge, Jahn, Jones,
      Kefalas, Kerr, Lambert, Lundberg, Marble, Martinez Humenik, Merrifield,
      Neville T., Newell, Roberts, Scheffel, Scott, Steadman, Tate, Todd,
      Ulibarri, Woods, Cadman.
      
      
      Concerning expungement of arrest records based on mistaken
           identity.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, add 24-72-701.5 as
      follows:
      
           24-72-701.5.  Expungement of arrest record in case of mistaken
      identity - definitions. (1) (a)  Notwithstanding any other provision
      of law, a court shall expunge the arrest and criminal records
      information of a person who was arrested as a result of mistaken
      identity and who did not have charges filed against him or her.
      
           (b)  No later than ninety days after an investigation by a
      law enforcement agency finds that a person was arrested as a
      result of mistaken identity and no charges were filed, the law
      enforcement agency that made the arrest shall petition the
      district court in the judicial district where the person was
      arrested for an expungement order for the arrest and criminal
      records information made as a result of the mistaken identity, at
      no cost to the person arrested. A petition filed pursuant to this
      paragraph (b) shall not be subject to a filing fee.
      
           (c)  No later than ninety days after receiving the petition,
      the court shall order the expungement of the arrest and
      criminal records information and all other administrative
      records of the law enforcement agency relating to the person's
      arrest as a result of mistaken identity.
      
           (2)  Any order entered pursuant to paragraph (c) of
      subsection (1) of this section must be directed to every custodian
      who may have custody of any part of the arrest and criminal
      records information that is the subject of the order. When a
      court enters an order expunging criminal records pursuant to
      paragraph (c) of subsection (1) of this section, the petitioner shall
      provide the Colorado bureau of investigation and every
      custodian of such 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
      the order from its database. Thereafter, the court may issue an
      order sealing the civil case in which the records were sealed.
      
           (3)  Upon the entry of an order to expunge the records, the
      petitioner and all criminal justice agencies may properly reply,
      upon any inquiry into the matter, that no such records exist with
      respect to the person.
      
           (4)  Employers, educational institutions, state and local
      government agencies, officials, and employees shall not, in any
      application or interview or in any other way, require an applicant
      to disclose any information contained in expunged records. An
      applicant need not, in answer to any question concerning arrest
      and criminal records information that has been expunged,
      include a reference to or information concerning the expunged
      information and may state that no such action has ever
      occurred. Such an application may not be denied solely because
      of the applicant's refusal to disclose arrest and criminal records
      information that has been expunged.
      
           (5)  For purposes of this section:
      
           (a)  "Law enforcement agency" means the Colorado state
      patrol or the agency of a state or local government authorized
      to enforce the laws of Colorado.
      
           (b)  "Mistaken identity" means the misidentification by a
      witness or law enforcement, confusion on the part of a witness or
      law enforcement as to the identity of the person who committed
      the crime, misinformation provided to law enforcement as to the
      identity of the person who committed the crime, or some other
      mistake on the part of a witness or law enforcement as to the
      identity of the person who committed the crime.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO