While Colorado’s Clean Slate legislation went into effect on August 31, 2022, the implementation dates of qualifying records by the State Court Administrator were set to begin the automatic sealing process of some criminal records starting July 1, 2024.
The Clean Slate Act aims to reduce the barriers for individuals with past convictions to secure work opportunities and successfully reintegrate into society. This act makes the process of sealing certain conviction records automatic.
Automatic Sealing of Criminal Records
One of the key provisions of the law is the automatic sealing of eligible criminal records. Individuals will no longer have to navigate complex legal processes to clear their records.
However, only certain low-level convictions are eligible for automatic sealing. Eligible records include arrests that do not result in a conviction, misdemeanors, and some felony records. The law applies to individuals with one or two qualifying misdemeanors or petty offenses. For qualifying misdemeanors, a four-year waiting period is required after the completion of the sentence, and a waiting period of two years for petty offenses. If the individual has any subsequent criminal offenses, the record will not be eligible for sealing under the law. The law also does not permit records to be sealed if the defendant has not fully paid all restitution, fines or court fees related to the case.
Once implemented, Senate Bill 22-099 will automatically clear the records of approximately 1 million eligible individuals in Colorado.
What Colorado’s Clean Slate Legislation Means for Employers
The Background Check Process – A criminal background check will no longer reveal some previous convictions that have been sealed. Ensure you’re partnered with a reputable background screening vendor who understands the intricacies of clean slate laws, including the specific eligibility criteria for expungement or sealing of criminal records in different jurisdictions.
Expanded Talent Pool - Employers will likely see a more diverse pool of applicants, including those who may have previously been excluded due to past criminal records.
Update Policies - Review and update your company’s policies to exclude consideration of expunged or sealed offenses that are no longer relevant to job performance.
To learn more about Colorado’s Clean Slate Act, visit www.cleanslateco.org or www.cleanslateinitiative.org/updates/colorado7thcleanslatestate.
This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out of this information. We encourage you to consult with legal counsel regarding your specific needs.
