Overview Description

A record relating to a person perviously denied expungement pursuant to C.R.S.A. § 19-1-306(5) may be expunged upon petition if at least 12 months have passed since the denial, the person provides new information not previously considered by the prior reviewing court, and the petitioner  is otherwise eligible for expungement under C.R.S.A. § 19-1-306(5). C.R.S.A. § 19-1-306(6)(d).

Ineligible Category or Citation

A person is not eligible for expungement if there is a proceeding concerning a felony, misdemeanor, or delinquency action is pending against the petitioner. For additional information, see C.R.S.A. § 19-1-306(5); C.R.S.A. § 19-1-306(6)(d).

Procedure General

File a petition pursuant to C.R.S.A. § 19-1-306(6)(d) after 12 months have passed since denial. The court shall set a hearing and may grant the petition if the person provides new information not previously considered by the prior reviewing court, a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner, and the person is otherwise eligible for expungement under C.R.S.A. § 19-1-306(5). C.R.S.A. § 19-1-306(6)(d).

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 petition can be filed 12 months after denial.

(non-prod server)