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The Board was reconstituted by Governor Jared Polis in October 2019. The Board is staffed by the Department of Corrections, and assisted by the Colorado Bureau of Investigation for background investigations. The Board must meet at least once every six months. The governor is advised by the non-statutory Colorado Executive Clemency Advisory Board, established within the Office of the Governor and consisting of seven members appointed by the governor, including the Executive Director of the Corrections Department, the Executive Director of the Department of Public Safety, and one crime victim representative.
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The governor shall make reasonable efforts to locate the judge who sentenced and the attorney who prosecuted at the trial of the applicant and shall afford them a reasonable time, not less than fourteen days, to comment on such applications.” B. “Before the governor approves application, it shall be first submitted to the present district attorney of the district in which the applicant was convicted and to the judge who sentenced and the attorney who prosecuted at the trial of the applicant, if available, for such comment as they may deem proper concerning the merits of the application, so as to provide the governor with information upon which to base his or her action.
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Section 16-17-102 provides that before approving a pardon application the governor must submit it to the district attorney, the sentencing judge, and the prosecuting attorney: §§ 16-17-101 and 102, and grants not issued in compliance with those provisions are invalid. In every instance where the governor exercises the power, he must “send to the General Assembly at its first session thereafter, a transcript of the petition, all proceedings, and the reasons for his action.” Id.
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The pardon power is vested in the governor, except in cases of treason or impeachment, “subject to such regulation as may be prescribed by law relative to the manner of applying for pardons.” Colo. Mark Evans, Deputy State Public Defender, is the primary author of this very useful study. Provisions governing sealing and expungement are at pp. See The Consequences of Conviction: Sanctions Beyond the Sentence Under Colorado Law (2019 update), available at. The Colorado State Public Defender has compiled an inventory of collateral consequences and statutory relief provisions under Colorado law, which is regularly updated. Penalty for illegal possession is enhanced if possession occurs within ten years of conviction or release from supervision, for burglary, arson, or any felony involving violence. Persons convicted of a felony may not possess firearms, unless pardoned. Felony conviction basis for exclusion from grand juries. Jury: Eligibility for petit jury not lost (the disqualification statute was repealed in 1989) although felony conviction can be basis of challenge. art XII, § 4 (conviction of embezzlement of public money, bribery, and perjury all result in permanent disqualification from public office). § 18-1.3-401(3), with certain exceptions specified in the state constitution. Office: Persons convicted of a felony are disqualified from public office only while incarcerated, or while on parole from a prison sentence, Colo. 1 A person in pre-trial detention may vote by mail.
#COLORADO FELONY CONVICTION RECORDS HOW TO#
An individual serving a sentence of parole is eligible to register to vote and to vote in any election.”) Until 2019, a “full term of imprisonment” included a period of parole effective August 1, 2019, HB 19-1266 restored the vote to parolees, and requires parole authorities to inform people leaving prison of their right to vote and how to register. § 1-2-103(4)(“No person while serving a sentence of detention or confinement in a correctional facility, jail, or other location for a felony conviction is eligible to register to vote or to vote in any election.
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7, § 10 (A person shall not be eligible to vote “while confined in any public prison,” but shall be restored to the rights of citizenship “after serving out his full term of imprisonment.”) Colo. VoteĪ person convicted of a felony loses the right to vote only while actually serving a prison term. Loss & restoration of civil/firearms rights A. Criminal record in employment, licensing & housing “Order of collateral relief” at sentencing
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Expungement of juvenile adjudication records Sealing of uncharged arrests, diversions, and other non-conviction records Specific convictions eligible for sealing Expungement, sealing & other record relief Loss & restoration of civil/firearms rights