Clark v. People

Judge RUSSEL

dissenting.

There is no doubt that a court may seal records involving a charge of false reporting if that charge was "completely dismissed." See § 24-12-808(1)(a)(D), C.R.S.2009. And there is no doubt that the prosecution completely dismissed a charge of false reporting against Christopher Clark.

Nevertheless, the majority concludes that the district court may not seal the records that relate to Clark's charge of false reporting because those records also pertain to a charge of failure to notify, a class 2 misdemeanor traffic offense. I respectfully disagree with this conclusion.

I…