Marijuana

Inside Boulder's Plan to Expunge Minor Pot Convictions: Could It Spread?

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Moving On from Marijuana Convictions

Prior to December 2012, when Amendment 64 became effective, using and possessing small amounts of
marijuana was illegal and prosecuted. The same use and possession of small amounts of marijuana would not be illegal today. District Attorney Michael Dougherty introduces a new initiative called "Moving On From
Marijuana." As a result of the new initiative, the District Attorney’s Office will file motions to vacate these old marijuana convictions on behalf of qualifying defendants.

Under "Moving On From Marijuana," the District Attorney’s Office will also include a petition that the court order the records regarding the old marijuana conviction be sealed. In the pleading, the District Attorney will make every effort to identify all agencies in possession of records pertaining to the offense. After the court orders the conviction vacated and record sealed, copies of the order will be sent to all agencies associated with the case. After receipt of the court’s order, all agencies must respond as follows to any inquiry regarding a conviction: "No such records exist."

As you might imagine, there are many qualifying convictions. To kick off the "Moving On From Marijuana" initiative, we invite you to join us in the Training Room on the 2nd Floor of the Boulder Justice Center, located at 1777 6th Street, Boulder, Colorado, on either January 10, 2019 from 9 a.m-11.a.m or January 15, 2019 from 1 p.m.-3 p.m. to speak with us about your case. If your case qualifies, meaning that your case is not one that would lead to a conviction under current law, we will get started with your case!

After this initial kick off, the District Attorney’s Office will have an application form on the District Attorney’s website you can submit electronically (www.bouldercounty.org/district-attorney). Additionally, we will continue to comb through cases from past years for qualifying convictions and file motions to vacate and seal these convictions on a regular basis as resources permit. District Attorney Michael Dougherty is committed to pursuing justice in every case and assuring that now legal conduct does not continue to have an adverse impact on people’s lives. It is a matter of fundamental fairness.

Please don’t wait for us to find your case! Come see us in January, or after those dates, please check our website for the online application. (PLEASE DO NOT CALL OR EMAIL THE OFFICE REGARDING YOUR CASE, AS WE DO NOT HAVE THE RESOURCES TO RESPOND TO INQUIRIES VIA PHONE OR EMAIL.) We want to make sure you receive a copy of the court’s order for your use and records. We look forward to helping you "Move on" from your old marijuana conviction and the stigma attached to it.
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Michael Roberts has written for Westword since October 1990, serving stints as music editor and media columnist. He currently covers everything from breaking news and politics to sports and stories that defy categorization.
Contact: Michael Roberts