Colorado Politics

Automatic sealing of non-violent criminal records passes final vote in Colorado

More than one million Coloradans with non-violent criminal records may soon have their records automatically sealed, thanks to a bill passed by the state legislature on Monday.

If signed into law by the governor, Senate Bill 99 would implement an automatic sealing process for non-violent criminal records. This would apply to those who are eligible to request record sealing under the current system – meaning they have finished their sentence, completed a required waiting period and have not committed another criminal offense.

The state House passed the bill – dubbed the Clean Slate Act – in a 61-4 vote on Monday, following the Senate’s 33-1 vote last month. None of the five opponents, all of whom are Republicans, commented on their “no” votes.

“This is truly one of those bills where everybody comes together,” said bill sponsor Rep. Colin Larson, R-Littleton. “We can bring more people into the workforce and get people back into the economy getting lucrative jobs.”

Supporters championed the bipartisan-sponsored bill as a way to increase Colorado’s workforce by removing a barrier to employment, education and housing for residents with criminal records. Legislators are tackling the measure as Colorado and the rest of the nation are experiencing a pandemic-induced labor shortage. In July 2021, 7.7% of jobs in Colorado were unfilled – an all-time high for the state, according to the U.S. Bureau of Labor Statistics.

Around 1.125 million Coloradans with criminal records are eligible to apply for sealing but have not, according to state estimates. Bill supporters said many don’t pursue record sealing because the current process is difficult and expensive, involving filing a petition with the court and paying a fee. Under the bill, those Coloradans could have their records sealed without taking any action.

“These were never intended to be life sentences, but in effect, that’s what they’ve become absent sealing,” said bill sponsor Rep. Kerry Tipper, D-Lakewood. “Sealing is expensive. You often have to hire a lawyer to go through the process of sealing your record.”

The bill would also prohibit employment and housing discrimination based on the contents of a sealed criminal record.

Nearly three dozen local businesses are backing the bill, including Goodwill, Home Depot, JPMorgan Chase and the fair-chance employment platform Honest Jobs. Honest Jobs founder Harley Blakeman said he was forced into homelessness at 16 years old and briefly went to prison for a non-violent drug charge – a record that often overshadows his honors graduation from Ohio State University’s business school only five years later.

“I graduated unemployed top of my class. Four months after graduation, I was being rejected for assistant manager positions at fried chicken restaurants,” Blakeman said during a press conference in support of the bill. “This follows you and there’s nothing you can do about it.”

Supporters of the bill also argue that automatic record sealing would lower crime. They cited a 2020 Harvard Law Review study, which concluded that people who have gotten their criminal records sealed or expunged are less likely to reoffend and pose a lower crime risk than the general population.

Under the bill, district attorneys could object to automatic record sealing for non-drug felonies by filing notice to a court. The court could deny record sealing based on a victim’s concern or a media outlet’s need to access records.

Bunk beds for inmates fill one of the areas of the El Paso County Jail on Tueday, August 22, 2017. (Photo by Jerilee Bennett, The Gazette)
JERILEE BENNETT, THE GAZETTE

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