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 (D-Aurora) and Rep. Daneya Esgar
(D-Pueblo) and co-sponsored by Sen. Michael Johnston (D-Denver) 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
