A record relating to a finding of not guilty at an adjudicatory trial shall be expunged within 42 days after the finding. C.R.S.A. § 19-1-306(4)(a).
Ineligible Category or Citation
A person is ineligible for expungement under this column if the person: (a) 1) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender pursuant; 2) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 3) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or, 4) 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).
The process is automatic.
There is no fee.
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.
For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c).
The record is to be expunged within 42 days after the finding.