Updated April 8, 2020
A Colorado juvenile record expungement seals a person’s past delinquencies. Expungement means the record will be as if it never existed. And it will not appear on future background checks. Dismissed cases are sealable right away. Otherwise, there is a one-year wait after probation ends. And there is a three-year wait after parole supervision ends.
Where to File
People should file expungement petitions in all the counties where:
- They interacted with law enforcement; or
- The juvenile or district court heard the case
Disqualifications
People are unqualified for expungement if they were adjudicated:
- For a felony involving unlawful sexual behavior;
- As an aggravated or violent juvenile offender;
- For a homicide or related crime; or
- For a traffic offense
Below our Colorado criminal defense lawyers discuss:
- 1. What is expungement?
- 2. Do juvenile records disappear after a certain time?
- 3. Where do I file for juvenile record expungement?
- 4. Who is ineligible?
- 5. When can I petition for juvenile expungement?
- 6. Why should I seal my record?
- 7. Do I need an attorney?
Clearing juvenile records may be vital for getting into college. Or winning scholarships.
1. What is expungement?
Expungement is erasing a delinquency record. It will be as if it never existed. And the public will not be able to see the record.
After a seal, people may legally claim they were never:
- Arrested,
- Charged,
- Convicted, or
- Sentenced for a crime.
This allows juvenile offenders to make a fresh start. Past mistakes will not hamper them for the rest of their lives.1
Note that expunged records may still be available to:
- A district attorney;
- Local police;
- The Department of Human Services;
- The State Judicial Department; and
- The victim (if any)
Expunged records are also available to a judge and the probation department if the defendant faces future juvenile or adult sentencing hearings.
2. Do juvenile records disappear after a certain time?
No. Juvenile criminal records will not automatically seal themselves. It requires:
- The filing of a motion,
- A hearing, and
- A decision granting the expungement by the court.
3. Where do I file for juvenile record expungement?
People may petition for juvenile expungement in the county where:
- The police arrested them, or
- The court heard their case.
Sometimes cases get transferred between counties. If this happens, people should petition in all the counties involved. This will ensure all records get sealed.2
4. Who is ineligible?
Some people are ineligible for a Colorado juvenile expungement. This includes people adjudicated as either:
- An aggravated juvenile offender; or
- A violent juvenile offender;
Expungements are also unavailable to people convicted of:
- A felony offense involving unlawful sexual behavior;
- A homicide or related offense; or
- A traffic offense.3
Finally, people are ineligible for expungement if have a felony, misdemeanor, or delinquency action currently pending.4
A juvenile record expungement offers people with troubled childhoods in Colorado a fresh start.
5. When can I petition for juvenile expungement?
It depends on how the case ended.
People are eligible for immediate expungement of their record if either:
- The court found the person not guilty at trial;
- The prosecution dismissed the entire criminal complaint; or
- The minor successfully completed:
- A juvenile diversion program,
- A deferred adjudication, or
- An informal adjustment5
People are eligible for expungement 1 year after:
- Contact with law enforcement that did not result in referral to another agency. Such as the prosecutor’s office; or
- Successful completion of probation. And the court’s jurisdiction terminates.6
People are eligible for expungement 3 years after:
- Their unconditional release from a commitment to the Department of Human Services; or
- Their unconditional release from parole supervision. 7
Finally, there is a 5-year wait to get an expungement after:
- The person was adjudicated as a repeat or mandatory juvenile offender; and
- The court’s jurisdiction terminates
6. Why should I seal my record?
A Colorado criminal record seal prevents the public from knowing it happened. This is important for:
- Future employment,
- Application to colleges or universities, and
- Applications for special licenses or clearances
In short, record seals even the playing field.
7. Do I need an attorney?
Having an attorney is a good idea. Colorado law is complex. And expungement paperwork is confusing. One mistake can dash a person’s chances of success.
Call our Denver criminal defense attorneys. 303-222-0330. We offer free consultations.
Call us for help…
Want to seal your juvenile records? Contact our Colorado juvenile crimes defense attorneys. Call 303-222-0330. Or fill out the form on this page. Consultations are free. We are here 24/7.
We represent clients in and around: Denver. Colorado Springs. Aurora. Fort Collins. Lakewood. And several nearby cities.
Legal References:
- CRS § 19-1-103.
- CRS § 19-1-103(5)(a).
- CRS § 19-1-103(7); see also, C.B. v. People, 122 P.3d 1065 (Colo. App. 2005).
- CRS § 19-1-103(6)(a).
- CRS § 19-1-103(6).
- CRS § 19-1-103(6)(b).
- CRS § 19-1-103(6)(c).