A bipartisan bill, SB 14-218, recently passed committee hearings in the Colorado legislature that would allow people who were convicted of activity now legal under Amendment 64 to have their criminal records sealed. This includes all activity under Amendment 64 ranging from possession of less than one ounce to cultivation of less than six plants. The bill will now go to the Senate as a whole, and if passed, moving on to the House of Representatives.
The bill received criticism from local law enforcement and district attorney’s offices since the bill does not require any conviction to be reviewed by a prosecutor or judge before being sealed. It appears that the bill will most likely have to be revised to include such measures before being passed in the Senate. This should be worrisome to people who want to have their convictions sealed since it would create an adversarial legal process that would likely require the person to hire an attorney in order to have their record sealed. However, the benefit of not having a drug conviction appear on background checks would be monumental for any person seeking higher education or employment. This is especially true of anyone convicted of cultivation of marijuana prior to the passage of Amendment 64 since cultivation of four plants was considered a class 4 felony.
If you were convicted of either possession of less than one ounce of marijuana or cultivation of less than six plants, and were over 21 at the time you were charged, you should consult an attorney immediately to discuss your options under the Colorado Constitution. The attorneys at Peter Loyd Weber and Associates are not afraid to fight for our client’s rights in this new territory of law. Call us today at (720)863-7755 for a free consultation today.