FELONIES A LIFELONG SENTENCE

Felonies, like diamonds, are forever. But felonies are by far more
costly. In Colorado, a felony conviction brands a person a felon for
life. No matter how minor the offense, no matter how long ago the
transgression, no matter how admirable the citizen has behaved in the
ensuing years, in Colorado there is no judicial process to erase, or
in legal terms "expunge," a felony conviction.

The word "felony" is not synonymous with great evil. Undeniably, the
worst crimes are all felonies. Crimes such as murder or rape are
felonies. But a "felony" is any crime that could be punished by a
sentence to prison. Even if a prison sentence is neither sought nor
given, it is the possibility of prison that defines the term "felony."

Good people sometimes do bad things. Especially (but not exclusively)
young people. But is it mandatory that they still be paying the
consequences 10, 15 or 20 years later? A bad check, a single forged
credit card sale, possession of an unprescribed drug, possession of
more than 8 ounces of marijuana, a scuffle leading to a fractured
finger, criminal mischief resulting in more than $500 in damages, or
shoplifting an item worth $500 or more all are felonies. No matter
the offense, how long ago it occurred, or how good the previous or
subsequent behavior of the person, a felony conviction brands the
person a felon forever.

A felony conviction that someone may have received 20 years prior
brings with it a package of problems. Of course, the social stigma of
being a convicted felon is substantial. But the greatest burden is
far more practical: A felony conviction dramatically affects
education and employment prospects. Not only does a felony conviction
banish people from normal and ordinary citizenship, it acts as a
permanent impediment to successful rehabilitation and complete
re-entry into society.

Almost all school admission forms and job applications require
disclosure of a felony conviction. In this era in which there are
multiple applicants for any good school or job, the easiest first cut
is to exclude a person who has suffered a prior conviction. A felony
conviction is often a complete bar to many types of employment. Jobs
in law enforcement, health care, financial, real estate or government
service may prove to be off limits, either by regulation or by practice.

Let's look at some numbers: Between 1983 and 2005, there were more
than 220,000 felony convictions in Colorado. Currently, the sole
avenue of expungement for any of these people lies with a governor's
pardon. In 31 years, our last three governors have granted 229
pardons. Gov. Bill Owens has granted only seven pardons in his seven
years in office.

I point this out not to castigate the governor or any political
party, but isn't it reasonable to believe that there are a great many
people who have been convicted of a felony but who paid their full
debt to society, have turned their life around, and are deserving of
a fresh start, unburdened by a prior felony conviction?

Bottom line: Colorado needs an expungement law. At least 10 states
have laws permitting expungement of certain felony convictions. Each
state's requirements vary but, generally speaking, a prudent and
enlightened expungement law should require successful completion of
probation or parole, followed by several years of law-abiding
behavior. Convictions for the most serious crimes can be made exempt
from possible expungement. Judges would rule on expungement petitions
in accordance with legislatively established guidelines.

Most criminal sentences strive to accomplish society's dual goals of
retribution and rehabilitation. Absent an expungement process, our
current system generates life-long retribution while simultaneously
creating incredible barriers to life-altering rehabilitation.

Colorado can do better. Let us hold out the hope for possible
expungement of a felony conviction. Let us offer a reward for
successful rehabilitation. Above all, let us at last recognize that
an isolated bad act need not spell life-long damage for an otherwise
good citizen.