Colorado: Adult Factual Innocence (CO-FI-1)

Records relating to an arrest that was made as a result of mistaken identity shall be expunged by the court within 90 days of receiving a petition from the law enforcement agency that made the arrest. Colo. Rev. Stat. § 24-72-702.

Record Detail(s)

Unlawful or mistaken arrest or charge

Identity theft

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The law enforcement agency files a petition in the district court in the judicial district where the person was arrested within 90 days of finding that the person was arrested as a result of mistaken identity and no charges were filed. For the specific procedure, see Colo. Rev. Stat. § 24-72-702(1)(b).

Fees

There is no cost to the person. Colo. Rev. Stat. § 24-72-702(1)(b).

Effect

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. The applicant need not provide information on the expunged records and may state that no such action ever occurred. Colo. Rev. Stat. § 24-72-702(c)(4).

Waiting Periods

There is no waiting period.

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