Overview Description

A record relating to a juvenile who does not qualify for expungement under C.R.S.A. § 19-1-306(4) or (5), including a "mandatory sentence offender" and a "repeat offender," can be expunged 36 months after unconditional release from the sentence. C.R.S.A. § 19-1-306(6)(e).

Ineligible Category or Citation

A person is ineligible if: 1) the person has a proceeding concerning a felony, misdemeanor, or delinquency action pending. C.R.S.A. § 19-1-306(6)(e); 2) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender pursuant; 3) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 4) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or, 5) 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). See also C.R.S.A. § 19-1-306(5).

Procedure General

The petition must be filed in the court of adjudication. For the specific procedure, see C.R.S.A. § 19-1-306(5) and (6)(e).

Fees

There is no fee.

Effect

The person may assert that he or she has no juvenile delinquency record and 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 36 months after unconditional release from the juvenile sentence.

(non-prod server)