Colorado Becomes 3rd State to Pass #AutoErase Legislation

Wrongful arrest of Hollywood entertainment industry exec, Charles Belk, is inspiring

automatic expungement legislation across the nation. Colorado becomes the third
state to pass #AutoErase legislation which requires that arrest records are
automatically erased of innocent individuals wrongfully arrested due to mistaken
identity. The bill, HB16-1265 - "Expungement of Arrest Records Based On Mistaken
Identity," was introduced and championed by Rep. Jovan Melton and Rep. Daneya
Esgar.
Denver, CO, USA -- Colorado becomes the third state to pass #AutoErase legislation which
requires that arrest records are automatically erased of innocent individuals wrongfully
arrested due to mistaken identity. The bill, HB16-1265 - "Expungement of Arrest Records
Based On Mistaken Identity," was introduced and championed by Rep. Jovan Melton (DAurora) and Rep. Daneya Esgar (D-Pueblo) and co-sponsored by Sen. Michael Johnston (DDenver) and Sen. John Cooke (R-Greeley). Colorado joins North Carolina and Illinois in
passing a piece of criminal justice reform legislation that was born out of the wrongful arrest of
Hollywood independent producer and entertainment industry executive, Charles Belk.
On August 22, 2014, Charles Belk was mistakenly identified as an armed bank robber
because he fit the description of a tall, bald, Black male. He was handcuffed, detained, taken
to the police station, booked, denied a phone call, denied being told his charges, denied
immediate access to an attorney, jailed for six hours for Armed Bank Robbery and Accessory
to Armed Robbery and held under a $100,000 bail. Although he was released later that night
and given a Certificate of Detention, which indicated he was only detained and not arrested,
an arrest record appeared on the Sheriff's website and a state legal process had to be
followed to get the arrest record sealed and destroyed. Since his arrest, Belk launched a
nationwide effort, through the non-profit he founded, fittingthedescription.org, and his
#AutoErase Initiative, to educate and inform those about the perils of wrongful arrest records,
and engage legislation to alleviate the burden and costs incurred by the innocent to remove
those arrest records.
#AutoErase legislation has been signed into law in both North Carolina and Illinois, and is
currently pending legislation in 11 other states (Rhode Island, Connecticut, Michigan,
Tennessee, Pennsylvania, Wisconsin, Missouri, Kansas, Arizona, South Carolina, and
Nebraska).
Innocent people in Colorado, as well as throughout the country, are wrongfully charged each
day with a felony or misdemeanor crime because the charges were issued as the result of
mistaken identity (i.e., misidentification by a witness or law enforcement, confusion on the part
of a witness or law enforcement as to the identity of the person who committed the crime,
misinformation provided to law enforcement as to the identity of the person who committed
the crime, or some other mistake on the part of a witness or law enforcement as to the identity
of the person who committed the crime), or because someone else used their information.
Because the responsibility to remove a wrongful arrest record falls on the charged individual,
he or she is burden with the expenses and time required to handle such a task. If a person

does not have the erroneous arrest record removed, it can greatly affect his or her ability in
the future to get a job, a loan or certain licenses. This bill requires that a court shall expunge
the arrest and criminal records information of a person who was arrested as a result of
mistaken identity and who did not have charges filed against him or her.
"This is an incredible piece of legislation, and so many Coloradoans probably do not fully
understand or are unaware of the perils of having a wrongful arrest record," Charles Belk
said. "But even more incredible, as I travel from state to state, is to see the true advantage of
bipartisanship and how a body of elected officials can be so effective when they work together
across party lines, as was the case with this bill and members of the Colorado General
Assembly."
Four bills were introduced in 2016 in the Colorado General Assembly aimed at "rebuilding
trust" between police and the community, and have received bipartisan support, in an effort
organized by Rep. Angela Williams (D-Denver). The other three bills are - HB16-1264,
prohibiting the use of a chokehold unless self-defense; HB16-1263, expanding the definition
of profiling; and HB16-1262, addressing officers hiding a serious offense, resigning and
applying for a job with a different police force. " All four bills have passed both chambers, and
the #AutoErase Bill was the first to do so.
Fitting The Description, a 501.c.3, tax exempt, non-profit organization, was established to
help build awareness of wrongful detentions and arrests that occur each day because an
individual "fit the description." The organization helps educate and inform others about the
perils of wrongful arrests records, and advocates for alleviating the burden and costs incurred
by the innocent to remove those arrest records.
Charles Belk was born and raised in Durham, NC, and is a producer at and president of I Will
Make You a Star Productions, a Los Angeles-based, social/digital marketing and production
company. He is also the founder and executive director of Fitting The Description Inc. Charles
Belk is a graduate of Durham Hillside High School and received a BS in Electrical
Engineering from the University of Southern California, an MBA from Indiana University, and
an Executive Leadership Certificate from Harvard Business School.
Media Contact:
Mark Williams
Fitting The Description Inc.
PO Box 93181
Los Angeles, CA 90093
213-632-6390
mwilliams@fittingthedescription.org
http://www.fittingthedescription.org