Overview Description

A record relating to a juvenile who successfully completes prefiling diversion is expunged within 35 days unless victim notification under Title 24 Article 4.1 is required and the victim objects. C.R.S.A. § 19-1-306(4)(b).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic unless victim notification under Title 24 Article 4.1 is required and the victim objects. For the specific procedure, see C.R.S.A. § 19-1-306(4), (5)(c), (e)-(g).

Fees

There are no fees.

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 record is to be expunged 35 days after completion of diversion.

(non-prod server)