Panel OKs sealing of records

DENVER - People paying for a mistake they made decades ago might soon get a hand from the Legislature.

House Bill 1082, introduced by Rep. Mark Ferrandino, D-Denver, will allow people convicted of certain types of misdemeanors to have their criminal records sealed. The bill also applies to people convicted of felonies for possession of small amounts of drugs.

Ferrandino’s bill passed the House Judiciary Committee by a 6-5 vote Tuesday. It now moves to the Appropriations Committee.

Only ex-convicts who have completed their sentences and kept clean records for 10 years would be eligible. Certain convictions, including sex offenses, child abuse, stalking, identity theft and drunken driving, cannot be sealed.

Ferrandino says he thinks up to 1,200 people a year might apply. A judge would have to approve their requests, and district attorneys can ask the judge to reject them.

Currently, only people convicted as juveniles can have their records sealed. Adults who were not charged with a crime, or who have had charges dropped because of a plea bargain, can request to have records sealed after 15 years.

Ferrandino said he proposed the bill because reformed convicts can face discrimination whenever they fill out a job or housing application.

“This is a step to allow people who have proven they have changed their lives to be able to get on and have a second chance,” Ferrandino said.

Gov. Bill Ritter, a former district attorney, vetoed a similar bill last year, despite it receiving bipartisan support.

Ferrandino said he has worked closely with the governor to draft a bill that he will accept, and that his bill has a narrower scope than its predecessor.

Rep. Bob Gardner, R-Colorado Springs, attempted to amend the bill so businesses could learn about a prospective employee’s past convictions.

He said it was unfair for the state to jeopardize employers whose businesses could be ruined by a former convict.

“I believe in redemption, but redemption is not the business of the state. To the extent that employers want to give someone a chance, that’s their business and their choice,” Gardner said.

Joining the Republicans in opposition was Rep. Cheri Jahn, D-Wheat Ridge. Jahn owns a housekeeping company. She said businesses like hers need to know about employee backgrounds when they make hiring decisions.