HB 13-1146 Summary

• Victims of identity theft may pursue factual innocence determinations through either judicial process or Colorado Bureau of Investigation records challenge process.

• Courts may issue orders of factual innocence when identifying information is mistakenly associated with arrests, summons, complaints, indictments, or convictions, with the court providing the order to CBI to modify criminal history records.

• Identity theft victims may submit records challenges directly to CBI with their fingerprints; CBI fingerprint examiners must compare submitted prints to arrest records and issue a letter of misidentification if prints do not match, modifying the victim's criminal history record accordingly.

• Persons whose identity was stolen or used but not associated with criminal charges may petition district court for factual innocence determinations in their county of residence.

• Courts may vacate factual innocence determinations at any time if the petition or supporting information contains material misrepresentation or fraud; restitution orders in identity theft cases must include all costs incurred by victims related to these processes.