H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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2011 Colorado Expungement – Sealing Law Is Expanded to Private Background Agencies

In 2011 the Colorado State Legislature acted wisely in expanding the present law by applying an order of a court to provate AND NOW Public Agencies.

Colorado House Bill 11-1203 applies to the Colorado Criminal record sealing law
Under current law if a court orders a criminal record sealed, each custodian of the record must seal the record. The new law expands the concept of custodian to include a private entity that has custody of the information and provides that information to others as a part of its business.

When a court orders a record sealed, the petitioner – the person seeking the sealing of the criminal record must provide a copy of that order and an electronic notification of the order to any private custodian of the record. When the private custodian – that is – the Private Background Agency – receives a copy of the order for sealing, it is now required to remove each record it has that is subject to the sealing order.

The Law was APPROVED by Governor Hickenlooper on March 29, 2011 and is EFFECTIVE August 10, 2011.

Here is the old law with the new provision in capitals:

24-72-308. Sealing of arrest and criminal records other than
convictions. (1) (c) After the hearing described in subparagraph (II) of
paragraph (b) of this subsection (1) is conducted and if the court finds that
the harm to the privacy of the petitioner or dangers of unwarranted adverse
consequences to the petitioner outweigh the public interest in retaining the
records, the court may order such records, except basic identification
information, to be sealed. Any order entered pursuant to this paragraph (c)
shall be directed to every custodian who may have custody of any part of
the arrest and criminal records information which is the subject of the order.
Whenever a court enters an order sealing criminal records pursuant to this
paragraph (c), the petitioner shall provide the Colorado bureau of
investigation and every custodian of such records with a copy of such 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.

Thereafter, the petitioner may request and the court may grant an order sealing the civil case in which the records were sealed.

24-72-308. Sealing of arrest and criminal records other than
convictions. (1) (c) After the hearing described in subparagraph (II) of
paragraph (b) of this subsection (1) is conducted and if the court finds that
the harm to the privacy of the petitioner or dangers of unwarranted adverse
consequences to the petitioner outweigh the public interest in retaining the
records, the court may order such records, except basic identification
information, to be sealed. Any order entered pursuant to this paragraph (c)
shall be directed to every custodian who may have custody of any part of
the arrest and criminal records information which is the subject of the order.
Whenever a court enters an order sealing criminal records pursuant to this
paragraph (c), the petitioner shall provide the Colorado bureau of
investigation and every custodian of such records with a copy of such 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. Thereafter, the petitioner may
request and the court may grant an order sealing the civil case in which the
records were sealed.
SECTION 3. 24-72-308.5 (2) (c), Colorado Revised Statutes, is
amended to read: