HB 08-1082 - RECORD SEALING BILL

The Record Sealing bill has been reintroduced as HB 08-1082. We will keep you update as it progresses. As you may remember this bill was passed with strong bi-partisan support through Congress last session only to be vetoed by Governor Ritter. Our hope is that whatever issues there were attached to this important legislation have been resolved and we look forward to Gov Ritter signing this into law.

HOUSE SPONSORSHIP
Ferrandino,
SENATE SPONSORSHIP
Bacon,

-2- HB08-1082
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Reduces the number of years that a person must wait before filing
a petition to seal arrest and criminal records information pertaining to a
criminal offense that was not charged or a case that was dismissed due to
a plea agreement in a separate case.

Requires a probation department or a parole officer under certain circumstances to advise a defendant of the right to seal criminal justice records. Extends the criminal justice record sealing procedure to convictions.

Permits a defendant, after a specified number of years
following the completion of a sentence or release from supervision,
whichever is later, to petition the district court to seal criminal conviction
records information ("conviction records").
Prohibits the sealing of conviction records if the defendant still owes court-ordered restitution,
fines, or fees. Specifies the procedure for sealing conviction records. Requires the court, in making the decision whether to seal conviction records, to weigh the privacy interests of the defendant against the public interest in retaining the conviction records as open records.
Prohibits employers and certain institutions and agencies from requiring an applicant to disclose information in sealed conviction records. Permits the bar committee of the state board of law examiners to make inquiries into the fact of a conviction that comes to the attention
of the bar committee through other means.
Requires a defendant to be advised of the right to seal conviction records by the court, the probation department, and the defendant's parole officer under the appropriate
circumstances.

Prohibits the sealing of conviction records as to traffic offenses and infractions, any offense with an underlying factual basis involving unlawful sexual behavior, crimes involving specified special
circumstances for which enhanced sentencing is required, and other specified offenses. Specifies that court orders sealing conviction records shall not limit the operation of discovery rules in civil cases.

Specifies that the conviction records sealing procedure shall apply
to judgments of conviction entered on and after a specified date. Permits
the procedure to apply to judgments of conviction entered before a
specified date with the consent of the prosecuting attorney.

General Assembly