RECORD SEALING BILL - YOU DID IT!!

The Record Sealing Bill made it through the Senate today. We could not have done it without the testimony, emails, calls and letters that were sent out to the legislators. Congratulations!!
(Hopefully, the Guv will sign it!)

WHAT THE BILL DOES -- 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.

A recent study found that, after six or seven years from an arrest, the likelihood of offending
for young men with criminal records looks quite similar to those with no criminal history.
For employers concerned about hiring people with criminal records, a criminal record offers
vanishingly little relevant information once a critical period of time has passed. Therefore, overtime,
a criminal history is both less relevant and less accurate in predicting future criminal activity.
However, the stigma and bias remains. Scarlet Letters and Recidivism: Does An Old Criminal Record
Predict Future Offending?,Kurlycheck, Brame and Bushway, Criminology and Public Policy, Vol 5, No 3 (August 2006)

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 involve 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.

HB 1107 has many checks and balances in it that strike a
good balance between the public’s (and employers) right to know and a person’s right to privacy.