Press Release- Jun 01, 2007
OFFICE OF GOV. BILL RITTER, JR.
FOR IMMEDIATE RELEASE:
FRIDAY, JUNE 1, 2007
Contact:
Evan Dreyer, 720.350.8370
GOV. RITTER'S VETO MESSAGE ON HOUSE BILL 1107
June 1, 2007
The Honorable Colorado House of Representatives
Sixty-Sixth General Assembly
First Regular Session
State Capitol
Denver, Colorado 80203
Ladies and Gentlemen,
I am filing with the Secretary of State House Bill 07-1107, "Sealing of Criminal Justice Records." I vetoed this message as of _________ __ m. today and this letter sets forth my reasons for doing so.
House Bill 07-1107 would extend the current criminal justice records sealing procedure to convictions. Currently, criminal records can only be sealed if no charges are filed, if all charges are dismissed, or if the accused is acquitted. The effect of this proposal would be to add many records of convictions to those records of non-convictions that can now be sealed.
I understand that the justification for this proposed change is that many times individuals with prior convictions are hampered in their efforts to obtain gainful employment or are restricted in the activities in which they can take part long after they have paid their "debt to society."
However, the effect of implementing House Bill 1107 would be that, in many instances, members of the public would be unable to determine an individual's prior criminal convictions under circumstances where a decision might well turn on just that issue. Prospective employers, elderly citizens making home health care decisions, and parents choosing their child care provider, are just a few examples of categories of people who would not be sufficiently protected under House Bill 1107.
Additionally, while the proposed bill has carved out a number of exceptions for crimes that would not qualify for "sealing," such as domestic violence crimes and sexual assault offenses, the proposed bill does not go far enough. There are a number of crimes that do not fall into the exceptions which, nonetheless, justifiably cause concern to the public.
These crimes include vehicular eluding and vehicular assault, burglary, identity theft, computer crimes, manslaughter, and certain weapons charges, to name a few.
In summary, I veto HB 07-1107. While I understand the arguments of the proponents, I must also balance those interests with the public's right-to-know. In this instance, the public is best served by having more information in such circumstances, not less.
Sincerely,
Bill Ritter, Jr.
Governor