Overview Description

A record relating to a closed case that should be expunged pursuant to C.R.S.A. § 19-1-306(5) but which has not been expunged by the court shall be expunged through the procedures in C.R.S.A. § 19-1-306(5) upon petition if the court finds that the records are otherwise eligible for expungement and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. C.R.S.A. § 19-1-306(6)(b)-(c).

Ineligible Category or Citation

See C.R.S.A. § 19-1-306(5); C.R.S.A. § 19-1-306(6)(b),(c).

Procedure General

File a petition pursuant to C.R.S.A. § 19-1-306(6)(b) or (c) if the records have not been expunged by the court. The court shall expunge through the procedures in C.R.S.A. § 19-1-306(5) if it finds that the records are otherwise eligible for expungement and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. C.R.S.A. § 19-1-306(6)(b)-(c).

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).

Waiting Periods

The petition can be filed at any time.

(non-prod server)