D.K.B. v. People

Judge ROTHENBERG

dissenting.

I respectfully dissent.

In 1969, when D.K.B. pled guilty to voluntary manslaughter, Colorado did not recognize a right to privacy in criminal records. That right originated in Davidson v. Dill, 180 Colo. 123, 503 P.2d 157 (1972), where our supreme court determined that, although no statute authorized it, the court had the inherent authority to expunge an arrest record or order its return,

“when the harm to the individual’s right of privacy or dangers of unwarranted adverse consequences outweigh the public interest in retaining the records in police files.”

Importantly,…