Some Records Should Be Sealed
Second chances
That those who break the law should pay for their transgressions is beyond dispute. The penalty, however, should be proportionate to the crime - and in that the law should recognize the need for fairness to society as well as justice for the perpetrator.
Colorado Gov. Bill Ritter has a chance to advance the interests of both justice and fairness by signing House Bill 1107, a measure to allow the records of some crimes to be sealed. Doing so would allow those who have committed relatively minor crimes - and who have since met their legal obligations and otherwise behaved themselves - to get on with their lives and contribute to society.
The idea of a proportionate penalty only goes so far, of course. There can be no full atonement for murder, for rape or for crimes against children. But nothing like that is at issue here.
What is under consideration is whether someone who did something wrong can ever return to the ranks of respectable citizens. Within careful limitations, HB 1107 says "yes."
If signed by the governor, the bill would allow those who have been convicted of nonsexual crimes to petition a judge to seal their criminal records. That would then allow them to check "no" next to the question about having been convicted of a crime on employment applications.
A series of restrictions would apply. Those convicted of sexual offenses would not be eligible, nor would anyone guilty of domestic violence or crimes against pregnant women. Applicants would have to show 10 years of good behavior since completing their prison term, probation or parole stemming from their original conviction. And the records in question would not be sealed to law-enforcement agencies or those required by law to run background checks, such as schools or day-care centers.
Sealing of criminal records would have to be approved by a judge. In addition, the district attorney in the jurisdiction where the original crime was committed would be able to veto the request. And as the result of an objection by the Colorado Press Association, third parties - newspapers, for example - would be able to ask a judge to review the record and decide if disclosure would be in the public interest.
The upshot of all those limitations is that career criminals, child molesters and serial killers need not apply. Even if a judge would go along, district attorneys would never risk sealing the records of a violent predator. Nor would they be likely to approve anyone who did not show a real record of success.
Who might be allowed to seal their records? The Denver Post pointed to two examples: A 44-year-old man was caught with $25 worth of cocaine and has lived with that criminal conviction for 22 years. Another, a Fort Lewis College graduate, served as an Air Force policeman and was headed for a career in counseling before he stupidly struck a cop, 20 years ago, after a night of partying in a bar.
What those two did was illegal, and both have paid for their actions. Now, after years of living within the law, they should be allowed to move on.
More to the point, society should be allowed to reap the full benefit of whatever they have to offer. Gainful, taxpaying employment would both complete their rehabilitation and allow them better to contribute.
Gov. Ritter should sign HB 1107.
Durango Herald
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