HB 24-1133 Summary

• Law enforcement agencies must petition for expungement of arrest records within 90 days when a person is arrested due to mistaken identity with no charges filed; defendants may petition the court themselves if the agency fails to do so, with no filing fees or costs allowed.

• Courts must allow attorneys and their designees to access sealed criminal justice records with written defendant permission for the purpose of providing legal advice or evaluating representation.

• Defendants convicted in the same case where they successfully completed a deferred judgment may seal the deferred judgment records when the conviction case becomes eligible for sealing, unless specifically ineligible.

• Courts must allow remote participation by phone or video for all criminal record sealing motions for defendants, prosecutors, victims, and witnesses, with accommodations for people with disabilities or limited English proficiency.

• Creates automatic sealing procedures for certain criminal records upon district attorney notice, establishes new sealing eligibility when conduct becomes legal through statute changes, and eliminates sealing restrictions on charges dismissed in certain pretrial diversion programs.