Procedures and Ethical Questions Under the Colorado Criminal Justice Records Act
| Publication year | 1985 |
| Pages | 2193 |
| Citation | Vol. 14 No. 9 Pg. 2193 |
1985, December, Pg. 2193. Procedures and Ethical Questions Under the Colorado Criminal Justice Records Act
This article first focuses on the procedures by which criminal justice information may be released legally, based on the Colorado Criminal Justice Records Act ("Act".)(fn1) The second part of the article considers the ethical implications of the Act.
Some clients who want their criminal records sealed expect judges to behave like Soviet revisionists who are willing to alter history without batting an eye. Since the authority to seal criminal records (or limit access to them) is strictly statutory,(fn2) an overview of the applicable statute brings into focus the critical difference between the effect of a sealing order and that of an access limitation order. Because the effects are so different, it is easy to understand judicial reluctance to sealing orders.
CRS § 24-72-308, controls release of criminal justice information in three ways. Two are by court order and one is automatic.
Access is automatically limited to the defendant, defense counsel and American criminal justice agencies if the case against a defendant is resolved by dismissal or acquittal or if charges are not filed within two years after an arrest.
If the defendant is convicted, after passage of a fixed period of time, the defendant may ask the court, if another formal charge has not been brought, to order that access to criminal records be limited to the defendant, defense counsel or an American criminal justice agency. The amount of time that the defendant has to wait depends on whether the conviction was for a misdemeanor or a felony. The waiting period is five years for a misdemeanor and seven for a felony, beginning from the date on which sentence is completed. The court must enter an order limiting access if the district attorney does not object.
If the district attorney does object, the defendant must request a hearing or the petition must be denied. The only way the district attorney can prevent entry of an order limiting access is by proving either that the applicable five or seven years has not elapsed or that another formal charge has been brought against the defendant during the...
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