Juvenile Record Sealing and Expungement
For most crimes in Colorado, the state offers minors an opportunity to wipe these offenses clean after a period of time. This practice is known as expungement. Unlike other states, Colorado does not offer true expungement where the records are deleted and destroyed.
The following guide is designed for parents of children who have been arrested or charged with a crime and are seeking expungement.
Denver Record Sealing Attorney
Colorado outlines its expunction process fairly well. However, knowing how to file for an expunction, what to include, and when you cannot file an expunction can be difficult. Moreover, the court is not obligated to provide an expunction if it believes the defendant, in this case your child, is not sufficiently rehabilitated. That’s where lawyers come in.
The Law Office of Matthew Martin is ready to provide legal assistance in filing for expunctions and representing juveniles in court. How your child is presented to the court is important, and failing to get everything filed correctly can lead to your child missing out on educational and employment opportunities.
Don’t wait, call Matthew Martin at (303) 725-0017 today for your first free consultation.
- What is Expungement?
- Restrictions
- When Can I Get an Expungement?
- Limitations
- When Can I Get an Expungement?
- Additional Resources
- Hire a Juvenile Record Sealing Attorney in Denver, Colorado
What is Expungement?
In Colorado, expungement refers to the practice of sealing, or “hiding” all records of a crime, pursuant to Colorado Revised Statutes § 19-1-306. This includes police reports, arrest records, court records, and any records generated as part of an adjudication or plea deal. Once expunged, records are only visible to future judges, local law enforcement and the district attorney.
Records are not visible by:
- Future employers
- Colleges and Universities
- Loan servicers
- Landlords/Apartment Superintendents
Once you have an expungement, you may legally misrepresent yourself when filling out forms. This means that you can truthfully say that you were never arrested, charged, convicted or sentenced to a crime.
Why Expungements?
The state offers expungements so juveniles can have a fresh start. Lawmakers recognize that minors often make mistakes, and that it would be generally unwise to fully lock them out of future opportunities.
Expungements offer a “fresh start.”
Restrictions
Not everyone is available for expungements. Juveniles adjudicated or sentenced for certain crimes are not eligible for an expungement.
The following crimes are not eligible for expungement if:
- You were adjudicated for a felony offense involving unlawful sexual behavior as defined in §16-22- 102(9), C.R.S. (sex offender registration); or
- You were adjudicated an aggravated juvenile offender pursuant to §19-2.5-1125(4) C.R.S. (or §19- 2-516(4), C.R.S. prior to 10/1/2021); or
- You were adjudicated a violent juvenile offender pursuant to §19-2.5-1125(3) C.R.S. (or §19-2- 516(3), C.R.S. prior to 10/1/2021)
- You were adjudicated of homicide and related offenses such as kidnapping, assault, human trafficking and slavery stalking.
- You were charged, adjudicated, or convicted of any offense or infraction pursuant to title 42 (Vehicle and Traffic Law)
Additionally, felonies are not eligible for expungement.
When Can I Get an Expungement?
The length of time you must wait before applying for an expungement depends on the state of the criminal proceedings and of what your child is being accused.
Immediately
You may apply for immediate expungement so long as:
- The court found you not guilty
- The complaint was dismissed
- You completed court-ordered penalties such as deferred adjudication or a juvenile diversion program, or for an informal adjustment for small crimes that do not include unlawful sexual behavior or domestic violence.
- You do not have another court action pending against you, such as a felony, misdemeanor or delinquency action.
One Year
You may apply for expungement after 1 year after:
- No action was taken against you after law enforcement contact, and you do not have a felony, misdemeanor or delinquency action pending against you, or
- You provided new information to the court after the court denied your expungement request and you do not have any pending court action against you.
Three Years
You may request an expungement 3 years from the unconditional release of a juvenile sentence after a mandatory sentence offense under §19-2.5-1125(1) (or §19-2-516(1), C.R.S. prior to 10/1/2021) or a repeat offender under § 19-2.5-1125(2) (or §19-2-516(2) prior to 10/1/2021) and a proceeding concerning a felony, misdemeanor or delinquency action is not pending against you
Limitations
Expungements may be filed once a year (during a 12-month period) unless otherwise stated.
How Do I File for an Expungement?
Filing
If you meet the above criteria, you may submit a request for expunction. To do so, you’ll need to file the following forms with the court that handled the juvenile’s case:
- JDF 302 – Petition to Expunge Court Records
- JDF 324 – Petition for Expungement of Records for a Law Enforcement Contact Not Resulting in Referral to Another Agency
- JDF 304 – Order of Expungement of Records
You’ll need to follow the instructions on each form and turn them into the court. This can be done via mail or secure electronic transmission.
Hearing
You will need to attend a hearing. You must be present in court or over an approved video conference connection.
At the hearing, the court will go over the expunction petition and ensure that:
- There are no criminal or delinquency actions pending against you
- You have been rehabilitated to the satisfaction of the court
- The expunction is in the best interest of yourself and the community
During the hearing, other agencies, including the law enforcement agency that conducted the original arrest, or provided the initial charges, will have an opportunity to speak out against the expunction.
If all goes well, your records will be sealed effective immediately, and the respective agencies will have a short amount of time (30-60 days) to remove your criminal information from local and state databases.
Multiple Expunctions
If you have multiple cases, all of which were decided before your 18th birthday, then you must file separate petitions for each case.
Additional Resources
Colorado Guide on Expungements – The state of Colorado offers a comprehensive guide on expungements which was used to inform this article. The guide also provides additional resources and points of contact for expungement processing.
Denver District Attorney’s Office – The Denver District Attorney’s Office offers additional information on expungements and is a key point of contact in petitioning for record sealing.
Hire a Juvenile Record Sealing Attorney in Denver, Colorado
Don’t wait, call Matthew Martin at (303) 725-0017 today for your first free consultation.
Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.