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.

New Jersey Supreme Court rules that expungements do not negate bans on public employment

Public workers who commit crimes are barred from future public employment when the infractions involves their jobs — even if they later have their records expunged, the New Jersey Supreme Court ruled on October 27, 2010.

"When a person is convicted of an offense that 'involves and touches upon' that person's public office, the obligatory forfeiture of public employment provisions of (state law) are triggered," Justice Roberto Rivera-Soto wrote for the majority. Those provisions say a person "shall be forever disqualified from holding any office or position of honor, trust or profit" in the state.

The case involves a former detective, identified in court papers only as D.H., who worked in the Monmouth County Prosecutor’s Office from 1985 to 1999. In June 1999, according to the decision, a local employer called and asked D.H. to conduct a criminal background check on a job applicant. D.H. checked the Criminal Justice Information System and found the prospective employee did have an arrest record.

The following month, representatives from the prosecutor's office and State Police questioned her, and she was charged in September 1999 with the disorderly persons offense of purposeful and unauthorized access of a computer. D.H. pleaded guilty and agreed to forfeit current and future public employment, the decision said.
Considering D.H.’s "unblemished past" and agreement to give up her job, a trial judge sentenced her to pay $110 in costs and penalties.

In 2008, D.H. sought to have her conviction expunged, according to court papers. In granting her request, a trial court noted "the purpose of expungement is the elimination of the collateral consequences of a criminal conviction imposed upon an otherwise law-abiding citizen," determined forfeiture of public employment was a "collateral consequence" and voided that disqualification as well.

The state lost an appeal when an appellate panel sided with the trial court. On October 27, 2010, New Jersey's highest court agreed D.H.'s record should be expunged, but a majority of five justices found her disqualification from public employment is a separate matter that stands. Justice Virginia Long dissented, saying the expungement also should have voided D.H.'s disqualification from public employment.

D.H.’s attorney, Robert Donaher, said his client committed "a minor infraction." He said the computer lookup was done for a "former member of law enforcement."

"She no longer has a criminal record," Donaher said, noting D.H. had no plans to seek a public-sector job.

"From a practical standpoint, she's vindicated."

Judge Edwin Stern did not participate in the case.

Source: http://www.nj.com/news/index.ssf/2010/10/nj_supreme_court_rules_record.html

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

Texas Assistant Principal suspended for failure to disclose criminal history

Arlington, TX: A school assistant principal in Texas who exposed alleged wrongdoing in the school that employed him may wind up losing his job due to nondisclosure of his own past.

A UPI report dated 10/07/2010 relates the story of Joseph Palazzolo, an assistant principal with Arlington Heights High School currently on paid suspension. Palazzolo told UPI that administrators with the school board that has jurisdiction for Arlington High are recommending he be dismissed from his job because Palazzolo, it is alleged, failed to disclose his criminal history when he applied for his job in 2007.

That criminal history, according to the UPI report, includes a guilty plea to a federal misdemeanor charge in 1997 for failure to pay past-due child support, according to court records cited by the Star-Telegram newspaper of Forth Worth.

NOTE: Though federal crimes are no more serious than State crimes, the federal government has failed to "catchup" to the States in criminal record seals, expungement, or non-disclosures laws. Currently the federal government offers no way to seal or expunge federal criminal records; only a pardon VIA the United States Pardon Attorney may be an option.

For his part, Palazzolo said that in his view the campaign to have him terminated from his Texas labor and employment was borne from his efforts to blow the whistle on alleged wrongdoings.

Records Removal Services Announces Guarantee and Price Promise

Records Removal Services, the Leader in Criminal Record Expungement, today announced its Guarantee and Price Promise:

GUARANTEE: Many items must be certified and obtained in order to your criminal record to be expunged, sealed, set-aside, pardoned, or a non-disclosure successfully filed. These items must come directly from the state of your conviction and is included in your initial paperwork after you enroll.

Records Removal Services guarantees that you will be provided with the right forms, completed with all of the information both you and the states provide, with correct instructions for filing. Should Records Removal Services fail in any of these If we fail on any of these capacities, we will correct any errors at no additional cost to you!

• We cannot however guarantee the outcome of your case (your request for relief from your criminal record). Any agency that tells you that an outcome is guaranteed is lying; the decision resides solely with the Court or State Board of Pardons. Records Removal Services will, with information you provide, make a strong argument for relief using our state-of-the-art communications and client service center.

The Records Removal Services guarantee simply requires that you follow our instructions and provide us with complete and accurate information.

PRICE PROMISE:  Records Removal Services provides services for thousands of dollars below market value.

Our goal is to remove your criminal record so you may rejoin the workforce, get the loan you applied for, be able to move-in to the apartment or home association neighborhood you deserve and desire.

No other company or firm can match our secured communication system in our client service center for the price we charge. Records Removal Services will continue to provide excellent services for reasonable prices.

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The information you obtain at this site is not, nor is it intended to be, legal advice. Records Removal Services cannot provide legal advice. Please note that your access to and use of Records Removal Services is subject to additional terms and conditions.

Second Chance Act (this year called the Fresh Start Act) was presented again in Congress for federal offenders

A member of Tennessee's federal representation introduced legislation again this year for federal offenders. This bill would impact federal offenders; the federal government cannot expungement, seal, or pardon state offenses. In a lot of states, the minimum waiting period is two (2) years, but at least someone in Congress is trying to get federal laws passed to remove criminal records for federal offenders. However, Records Removal Services has witnessed this proposed legislation be presented and defeated year after year.

Records Removal Services adds Qualification Questionnaire

In order to qualify people quickly, Records Removal Services has added the a Qualification Questionnaire. Generally, people who pass the questionnaire qualify immediately for a criminal record expungement, seal, or pardon.

Why expunge orders are useless unless criminal database companies are updated

Court records are open to the public. Private companies all over the country collect criminal history and other personal information from court records. These companies store that information on their own computers. In the normal course of things, no one informs these companies when a record is expunged. The courts do not even keep track of who has searched their records. Therefore the information that those companies previously stored can still be reported, not by the court, and not by State or the National Crime Information Center, but by these private companies. Records Removal Services provides this service with your expungement order.