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Committee advances bill to automatically seal records when red-flag respondent is found not dangerous
Summary
House Bill 11-37 would require the court to seal records and return firearms when a judge finds a red-flag respondent not to be dangerous; supporters said automatic sealing corrects unfair harms to employment and volunteer opportunities, while law enforcement asked for clarifying language about whether sealed records remain available to police.
House Bill 11-37, a bill to require sealing of records when a court finds a person subject to a red-flag (extreme risk) proceeding not to be dangerous, advanced out of the Corrections and Criminal Law Committee after extended testimony and a commitment from the bill sponsor to offer clarifying language on second reading about law enforcement access to sealed records.
Representative Smoltz, the bill author, said the measure would automatically expunge the records tied to a red-flag petition when a respondent is found not dangerous at the statutorily required hearing (the presenter described a 14-day hearing window). He also described a second scenario in which a respondent is initially found dangerous for up to 180 days and later, after treatment or appeal, a judge orders return of firearms; in that circumstance the judge may also expunge the record at the…
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