Home Forms Identity Theft
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Identity Theft Forms

Description

Under section 16-5-103, C.R.S., a Motion may be filed with the Court to determine factual innocence for a person whose identifying information has been mistakenly associated with an arrest, summons, summons and complaint, felony complaint, information, indictment, or conviction. Below are the procedures to be followed and a copy of the Motion to be used in such proceedings. 

Instructions

  • It is best if you contact the District Attorney’s Office Victim Coordinators in the County where you believe the arrest, summons, summons and complaint, felony complaint, information, indictment or conviction occurred.
  • If your personal identyfing information has been used in several criminal cases, you will need to file a Motion in each criminal case.
  • Once the Motion is filed with the Court, you must report to the Colorado Bureau of Investigation (CBI) or a local law enforcement agency for fingerprint verification. A copy of the Motion must be provided to the agency completing the fingerprint verification. Some Court's may provide you with a fingerprint card.
    • CBI does not plan to charge for this service, however, you may need to check with your local law enforcement agency to find out if they will charge for these prints. CBI is located at 690 Kipling in Denver.
    • You, the alleged victim, will receive a document regarding the results of the fingerprint verification which must then be filed with the Court. Provide the results to the District Attorney, the court, and keep a copy for yourself.
  • If the Defendant was not fingerprinted at the time of the arrest, you,  the alleged victim, will not need to submit fingerprints since there are no prints on file for comparison.
  • The Court shall issue an Order following a review or hearing.  If you are determined to be factually innocent of the crime, the Court will provide you with 4 certified copies to provide to CBI, the arresting agency, and the Department of Motor Vehicle (DMV), if applicable.  Please keep one copy for yourself.
  • When the Court Order is received by CBI, they will label the name and charges on the criminal history, and hide them from public access or the civil version of the rap sheet. Your name will also be entered in a victim file on the Colorado Crime Information Center (CCIC) which can be viewed by criminal justice personnel only. That file will feed the victim file for the National Crime Information Center (NCIC).
We are in the process of translating many of our forms in Spanish. You may find that some Instructions and Forms, for example Adoption, Adult and Minor Name Change, etc., are not translated at this time. All forms must be completed in English pursuant to Colorado law, see §13-1-120, C.R.S.
Sections with Spanish Forms
Forms JDF 223 - Motion to Determine Factual Innocence Download PDF Download Word Document Download Word Template Document Revised 02/10 JDF 224 - Order re Factual Innocence Download PDF Download Word Document Download Word Template Document Revised 02/10 If you would like to provide comments about this site, please contact us. Please note - By law, we cannot provide legal advice. Should you need additional assistance or forms that are not provided on this site, you may wish to consult an attorney.
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