Records Removal Services - New Colorado Expungement Law

The Colorado Legislature has updated expungement laws in the State.

By H. Michael Steinberg on August 13, 2011 7:30 PM

A new Colorado Law will assist people who have been convicted of certain drug crime misdemeanor and drug felonies with expunging / sealing their records

The bill amends the process for sealing the record of a criminal conviction under Colorado’s Uniform Controlled Substances Act, reduces the waiting period for certain classes of convictions, and authorizes the process of records sealing for additional classes of convictions. With limited exceptions, the bill applies only to convictions on or after July 1, 2011.

The New Law: Colorado House Bill 11-1167
Sealing criminal records – drug offenses – time periods – district attorney approval – no reporting of sealed convictions – advisement of rights – applicability July 1, 2011.

This new law – which takes effect on July 1. 2011 amends the petition process for sealing certain drug offense criminal conviction records.

It Amends the time period the defendant has to wait to petition the court to seal the record which depends on the severity of the offense.

In order to have the record sealed, the defendant must show the court that he or she has not been convicted of another offense or been charged with another offense since the discharge of the offense for which the defendant is seeking to have sealed.

District Attorney Can Object and Veto the Process
The district attorney has the right to object to the petition or veto the request for all offenses except petty offenses. Also depending on the severity of the offense, the court can:

(1) immediately order the record sealed,

or (2) can consider the petition based on established criteria,

or (3) can hold a hearing to decide the petition.

The court, in making the decision whether to seal conviction records, considers the privacy interests of the defendant against the public interest in retaining the conviction records as open records.

Conviction records cannot be sealed if the defendant still owes court-ordered restitution, fines, or fees.

A defendant who successfully petitions a court for the sealing of conviction records must provide the Colorado bureau of investigation (bureau) and each custodian of the conviction records with a copy of the court’s order to seal the conviction records and pay to the bureau any costs related to the sealing of the conviction records in the custody of the bureau.

Employers and certain institutions and agencies are prohibited from requiring an applicant to disclose information in sealed conviction records. Law enforcement will report that there are no public records in response to inquiries about sealed criminal conviction records. The office of the state court administrator must post on its web site a list of all petitions to seal conviction records that are filed with a district court.

The new law also prohibits district court from granting a petition to seal conviction records until at least 30 days following the posting.

Here are THE SPECIFICS OF THE NEW LAW:
24-72-308.6. sealing of criminal conviction records information

For offenses involving controlled substances for convictions entered on or after July 1, 2011.

(1) Definitions. For purposes of this section, “conviction records” means arrest and criminal records information and any records pertaining to a judgment of conviction.

(2) Sealing of conviction records.

(A) (i) subject to the Limitations described in subsection (4) of this section, a defendant
may petition the district court of the district in which any conviction records pertaining to the defendant are located for the sealing of the conviction records, except basic identifying
information, if the petition is filed within the time frame described in subparagraph (ii) of this paragraph (a).

Drug Crimes – Petty Offenses or Class 2 or 3 Misdemeanors (three years)
(II) (A) If the offense is a petty offense or a class 2 or 3 Misdemeanor in article 18 of title 18, CRS the petition may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.

Drug Crimes – Class 1 Misdemeanors (five years)
(B) If the offense is a class 1 misdemeanor in article 18 of Title 18, CRS, the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.

Drug Crimes – Class 5 and Class 6 Felonies (seven years)
(C) if the offense is a class 5 felony or class 6 felony drug possession offense described in section 18-18-403.5 or 18-18-404, CRS., or section 18-18-405, CRS., as it existed prior to August 11, 2010, the petition may be filed seven years after the later of the date of the final disposition of all criminal proceedings against.

Posted by Records Removal Services. Credit to the H. Michael Steinberg, Attorney

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Records Removal Services - New Indiana Expungement Law

By: Records Removal Services

Until July 2011 people convicted of criminal offenses only had the option of a Pardon by the State of Indiana. Now, the Indiana Legislature passed legislation which Governor Mitch Daniels into law and effective July 01, 2011 allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies.

The new expungement law applies to people who people who after eight (8) years following the completion of their sentence to have their criminal records sealed.

If granted, an individual would not be required to disclose the conviction on employment applications or any other documents outside of the criminal justice system. Furthermore, it gives ex-offenders the ability to legally state on an application for employment that they have not been convicted or arrested for a crime, removing a large barrier in finding employment.

"Every legislative session, new laws pass that directly impact the lives of Hoosiers," said Jamal L. Smith, Executive Director of the Indiana Civil Rights Commission. "It's important that we share this information with people so that everyone has a clear understanding of their rights."

Even after a seal however, Records Removal Services must still update privately owned criminal databases.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

Immigrant Rights Group Calls on New York Governor to Extend Pardon Panel

According to Democracy Now, immigrant rights advocates are calling on New York Governor Andrew Cuomo to formalize and expand an immigration pardon panel established last year under former Governor David Paterson.

The panel was designed to allow immigrants the opportunity to defend themselves from being deported. Since major changes in immigration laws in 1996, millions of immigrants have been deported for minor crimes and crimes they were already punished for. Mizue Aizeki heads the Northern Manhattan Coalition for Immigrant Rights.

Power of the Governor or the Governor's Boards and Commissions (the Governor's of all other States have the same authority with the exception of the State of Georgia):

• A pardon from the State of New York can prevent deportation or permit reentry to the sovereign State of New York or the United States.
• People who wish to service in the New York State Defense Forces (cannot be federalized), the New York National Guard, or any branch of the United States armed forces must have a pardon from the State of New York.
• A pardon is also required from the State of New York for people who wish to travel to foreign countries. 

According to democracynow.org:

Mizue Aizeki, Northern Manhattan Coalition for Immigrant Rights: “You’re funneling people into a system where they have no way to get out. It’s a mandatory deportation. And this is a system that needs to be examined very critically, and so we’re calling on Governor Cuomo to institute this pardon panel that would allow at least many immigrants a second chance to be like, 'Look, this is my life. I’ve rehabilitated. Would you please give me another chance?' And I think it’s important to remind people that this is basically a premise of our society: that you should not be punished doubly for something that you’ve already done your time.”

Andrew Cuomo assumed the office of Governor at 12:01 a.m. on January 1, 2011, succeeding David Paterson. Governor David Paterson granted over 20 pardons before leaving office to prevent deportation alone.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.

New Rhode Island and Providence Plantations expungement laws effective

Before leaving office, two-term Governor Donald Carcieri (R) (pictured) of the State of Rhode Island and Providence Plantations signed new expungement legislation into law on June 25, 2010.

The new law allows the Expungement of Deferred Sentences five (5) years after sentencing. In Rhode Island and Providence Plantations, a motion to expunge is required to expunge a Criminal Conviction.

This law will allow anyone with a Deferred Sentence in Rhode Island and Providence Plantations to expunge their criminal record after 5 years, so long as they remain criminal activity free (not arrest for a criminal offense) during the five (5) year period.

Previously, Rhode Island and Providence Plantations Courts were regularly allowing the expungement of Deferred Sentences. However, the Supreme Court of Rhode Island and Providence Plantations ruled that a person had to wait 10 years after completion of the Deferred Sentence in order to be eligible for expungement. The new law signed by Governor Donald Carcieri (R) (pictured) essentially nullifies and overturns the Rhode Island and Providence Plantations Supreme Court ruling.

Every State or Commonwealth has their criminal code and definition of expungement, seal, pardon, or expungement after pardon. In the State of Rhode Island and Providence Plantation, expungement is defined as: "Expungement of records and records of conviction" means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation. G.S. § 12-1.3-1.

Like most States, the conviction of a felony may be grounds for revoking or refusing to issue a professional license. Examples include: Private Investigator (R.I. Gen. Laws § 5-5-3(2), Private Security Guard Business (§ 5-5.1-8(a)(3), Pharmacist (§ 5-19-18), and Veterinarian (§ 5-25-14(1) amoung others.

Rhode Island has a registration requirement for sex offenders. R.I. Gen. Laws § 11-37-16.

Rhode Island and Providence Plantations was the first of the thirteen original colonies to declare independence from British rule and the last to ratify the United States Constitution.

> Posted by Records Removal Services. The information you obtain at this site is not, nor is it intended to be, legal advice.