May 19, 2019

SB 13-123: Clarifying Provisions Regarding Record Sealing and Waiving Collateral Consequences for Certain Convictions

On Tuesday, January 29, 2013, Sen. Pat Steadman introduced SB 13-123 – Concerning Provisions that Improve the Reintegration Opportunities for Persons Involved in the Criminal Justice System. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Under current law prior to a person’s release on probation or parole the person’s probation or parole officer provides the person with a notice regarding sealing criminal records. The bill specifies what the notice must contain.

The bill provides that a pardon issued by the governor waives all collateral consequences associated with each conviction for which the person received a pardon unless the pardon limits the scope of the pardon regarding collateral consequences. If the governor grants a pardon or a request for clemency, the governor shall provide a copy of the pardon or clemency to the Colorado bureau of investigation, and the Colorado bureau of investigation shall include a note in the individual’s record in the Colorado crime information center that a pardon was issued or clemency was granted.

Under current law, certain drug convictions are subject to sealing; the bill extends sealing to most other crimes. The bill is assigned to the Judiciary Committee.

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