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Bill would allow old criminal records to be sealed

Thursday, February 22 at 5:24 PM

This Speakout has not been edited

By Thomas J. Hammond and Guss Guarino, Colorado Criminal Defense Bar

The RMN editorial against HB07-1107 misleads and is contrary to common sense.

Simply put, HB07-1107 will permit people to ask a Court to seal some (not all) 10 year old criminal records from public access only if a judge determines that sealing is the just thing to do.

The editorial suggests that the bill will cost too much money. First, this cost is over-represented. Historically, less than 8% of those people eligible to seal their records actually go through the process. Second, efforts are currently underway to amend the legislation so that the entire cost of filing and processing the petition to seal will be born by the person trying to seal the records through higher than normal filling fees. This legislation will cost Colorado almost nothing.

Let’s remember Colorado history. Prior to 1988, all criminal convictions could be sealed. Numerous studies have shown, if an offender can stay straight for seven years, then the risk of recidivism is virtually non-existent. The former Colorado legislators who wrote the original statute had common sense. This bill brings common sense back.

At the advent of the “tough on crime” years of the 1990’s, the law was changed and no criminal conviction could be sealed. For more than fifteen years, Coloradans have been prohibited from ever moving beyond mistakes in their past. Contrary to the editorial, it is not fair for someone who was never formally charged to wait 15 years for their record of the unsubstantiated accusation to be sealed. Contrary to the editorial, it is not fair for someone who’s case was legitimately dismissed to wait 15 years to correct to the wrong.

If passed this law would not permit murder, violent crimes, and sex offenses to be sealed. These and a host of other more serious offenses would be specifically excluded from sealing. The law is aimed primarily at people who were convicted of drug offenses and less egregious offenses, who have successfully turned the corner in their lives, who have proven themselves, and who now want to do more with their lives.

HB 1107 strikes a just balance. It brings Colorado in line with the majority of states and helps citizens re-enter society. Currently Colorado is ranked dead last in permitting its citizens to re-intergrate into society. We have created an under-class of people here and labled them “criminals” forever. And for what reason? To prevent someone who has worked hard to prove they’ve changed from getting a job or an apartment? Where are our notions of forgiveness and finally paying a debt to society? The proposed Record Sealing legislation helps people who have demonstrated that they are trustworthy and move on from their past. HB 1107 is the right thing to do, and the House Judiciary Committee saw that. We hope the Rocky Mountain News editorial staff will come around to common sense.

Thomas J. Hammond is president and Guss Guarino is executive director of the Colorado Criminal Defense Bar.

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