HB-07-1107 Sealing of Criminal Records
LEGISLATIVE UPDATE HB-1107
Record Sealing Bill Coming Before House Appropriations Committee
Friday April 13 at 7:30 A.M.
Representative Mike Cerbo (D-Denver) introduced HB 07-1107 a record sealing bill (HB 1107) and was passed by the House Judiciary Committee with a strong bipartisan vote of 9-2. It will next be heard in the House Appropriations Committee this Friday. (FYI - there is no testimony before this Committee)
Colorado law does not allow a person with a criminal conviction
to seal their record - regardless of the nature of the criminal conviction,
the length of time since the conviction, or evidence of rehabilitation.
Even after people have completed their sentence and been law abiding
for years or even decades, they are forever stigmatized by having a criminal record.
Even minor offenses, committed many years ago, can prevent someone
from obtaining housing and meaningful employment or advancement in their career field.
The possibility of being able to seal a criminal record is
a strong and real incentive for a person to turn his/her life around.
What the Bill Does: HB 1107 would allow people convicted of select crimes
to petition the Court to seal a criminal record after they completed their sentence
and been offense free for 10 years.
"Convictions for some crimes would not be eligible
to be sealed including: Class 1 or 2 misdemeanor traffic offenses or
class A or B traffic infractions, DUI/DWAI, sexual offenses,
domestic violence, offense involving a pregnant women or convictions for crimes involving
aggravating circumstances, high risk, or special offender sentencing enhancements.
"The Court does not have to order the sealing. The Court is required to
balance the privacy rights of the petitioner against the public's right to know on a case by case basis. "For offenses committed before July 1, 2007, the District Attorney
will have to agree before the Court can order the record sealed.
"Law enforcement will always have access to any sealed record.
"The petitioner must have paid all of the fines, fees, costs and
restitution ordered in the criminal case. The petitioner will also pay a
filing fee that is sufficient to cover the cost of the proceeding.
The American Bar Association's Committee for Effective
Criminal Sanctions, after study and comment from prosecutors,
courts and defenders from across the country, recommends that
states allow people to be able to request sealing of their record after
a certain time period has elapsed during which the person has been offense free.
On January 22, 2007, Representative Rangel introduced the
"Second Chance for Ex-Offenders Act of 2007" (HR 623)
that would allow people to petition the court to seal a federal felony
record under certain circumstances and after a period of time.
Please support HB 1107
Contact Members of the House Appropriations Committee
COMMITTEE MEMBERS
Rep. Bernie Buescher - Chair of the Appropriations Committee
Mesa Democrat (District 55)
Cap: 303-866-2583
E-mail: bernie@buescher.org
Rep. Michael Garcia
Cap: 303-866-3911
E-mail: michael@michaelgarcia.info
Rep. Joel Judd
Cap: 303-866-2925
E-mail: joeljudd@aol.com
Rep. James (Jim) Kerr
Cap: 303-866-2939
E-mail: james.kerr.house@state.co.us
Rep. Tom Massey
Cap: 303-866-2747
E-mail: tom.massey.house@state.co.us
Rep. Anne McGihon
Arapahoe/Denver Democrat (District 3)
Cap: 303-866-2921
E-mail: anne.mcgihon.house@state.co.us
Rep. Frank McNulty
Cap: 303-866-2936
E-mail: NO EMAIL
Rep. Jack Pommer - Vice Chair House Appropriations Committee
Boulder Democrat (District 11)
Cap: 303-866-2780
E-mail: jack.pommer.house@state.co.us
Weld Democrat (District 50)
Cap: 303-866-2929
E-mail: jim.riesberg.house@state.co.us
Rep. Glenn Vaad
Cap: 303-866-2943
E-mail: glenn.vaad.house@state.co.us
Rep. Paul Weissman
Boulder Democrat (District 12)
Cap: 303-866-2920
E-mail: reppaul@aol.com
Rep. Al White
Garfield/Grand/Jackson/Moffat/Rio Blanco/Routt Republican (District 57)
Cap: 303-866-2949
E-mail: al.white.house@state.co.us
To read the bill in its entirety go to
http://www.leg.state.co.us/Clics/Clics2007A/csl.nsf/fsbillcont3/47C2AA09A5B311CB87257251007C484A?Open&file=1107_01.pdf
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