Overview Description

A record relating to a juvenile adjudication for a felony offense or felony drug offense will be expunged upon completion of the sentence; but, if an objection is filed, the record shall be expunged if, at a hearing, the court finds that the juvenile is not otherwise ineligible and the rehabilitation of the juvenile has been attained to the satisfaction of the court; and the expungement is in the best interest of the juvenile and the community. C.R.S.A. § 19-1-306(5)(a)(IV); (5)(g).

Ineligible Category or Citation

A person will be ineligible if: 1) the person was adjudicated as a mandatory sentence offender or as a repeat juvenile offender. C.R.S.A. § 19-1-306(5)(j); 2) the person had prior felony adjudications. C.R.S.A. § 19-1-306(5)(a)(IV); 3) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender; 4) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 5) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or, 6) the person was charged, adjudicated, or convicted of any traffic offense or infraction pursuant to Title 42. C.R.S.A. § 19-1-306(8)(a)-(d). Certain felony offenses are not eligible for expungement. C.R.S.A. § 19-1-306(5)(a)(IV).

Procedure General

The process is automatic unless there is an objection. For specific procedure, see C.R.S.A. § 19-1-306(5)(c)-(i).

Fees

There is no fee.

Effect

Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a).

Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g).

Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a).

Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c)

For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c).

Waiting Periods

The record can be expunged upon completion of the sentence.

(non-prod server)