Overview Description

A record relating to a juvenile charged with a violation of a municipal code or ordinance is expunged 42 days after sentence completion, unless there is a victim and the prosecutor objects, in which case the record can be expunged after a hearing. C.R.S.A. §§ 19-1-306(9)(a), 13-10-115.5.

Ineligible Category or Citation

Records of charges for any traffic offense, infraction under Title 42, or municipal traffic code are not eligible for expungement. C.R.S.A. § 13-10-115.5(5).

Procedure General

The procedure is automatic unless there is a victim and the prosecutor objects. For specific procedure, see C.R.S.A. §§ 19-1-306(9)(a), 13-10-115.5.

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. § 13-10-115.5(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. § 13-10-115.5(2)(b).

For additional information about the effect of expungement, see C.R.S.A. § 13-10-115.5.

Waiting Periods

The record is to be expunged 42 days after completion of the municipal sentence.

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