Appeals court interprets ambiguous phrase in Colorado’s criminal records sealing law

Colorado Politics: Colorado’s second-highest court last month interpreted for the first time an ambiguous phrase in a 2019 law, and concluded a man convicted two decades ago for securities fraud was not entitled to have his criminal records sealed.

Lawmakers enacted House Bill 1275 nearly five years ago to increase the availability of records-sealing for people convicted of less serious crimes. The bill established a process for defendants to limit public access to their conviction records based on the severity of the offense.

The legislature also noted some types of convictions are not eligible for sealing at all. The prohibition encompasses, among other things, “sentencing for an offense classified as a class 1, 2, or 3 felony or a level 1 drug felony pursuant to any section of title 18,” which is Colorado’s criminal code.

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