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Colorado Rights Blog

HB17-1208 Record Sealing Clarifications

Criminal Justice
Bill Number: HB17-1208
Year: 2017
ACLU Position: Support
Sponsors: M.Weissman / R. Gardner

Description:

During the 2016 session, the general assembly adopted an
expedited process for sealing the criminal records of a person who is
acquitted, whose case is completely dismissed, who completed a
diversion agreement, or who completed a deferred judgment and
sentence. The bill clarifies that many of the general provisions related to
criminal record sealing also apply to this expedited process. The bill
clarifies that if the case involved a crime that requires a victim to be
notified of a motion for record sealing, the court shall allow up to 42 days
to provide that notification before ruling on the motion on record sealing.
The bill clarifies that the filing fee for state court cases goes to the
judicial stabilization fund and the filing fee in a municipal court goes to
the municipality. The bill allows the prosecuting attorney or law
enforcement agency to release sealed police reports or protection orders
to the named victim, if the victim demonstrates that there is a verifiable
need for the reports for a lawful purpose.


Current Status:

Sent to the Governor (05/24/2017)
House Considered Senate Amendments - Result was to Concur - Repass (05/10/2017)
Senate Committee on Finance Refer Unamended to Appropriations (05/04/2017)
House Second Reading Special Order - Passed with Amendments - Committee (04/28/2017)
House Committee on Finance Refer Unamended to Appropriations (04/12/2017)
House Committee on Judiciary Refer Amended to Finance (03/28/2017)



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