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With the understanding that juvenile offenders should be treated differently from adults, Colorado legislators have written the law to afford juveniles additional protections and provisions under the law. Section 19 of the Colorado Code, also known as "The Children's Code", was created specifically to outline how juvenile offenders should be handled by the criminal justice system. The Colorado Children's Code applies to minors between the ages of 10 and 17. Amongst other things, Section 19 delineates sentencing structure, criminal procedure, the use of juvenile facilites (such as juvenile detention centers), and provides for expungement of juvenile records.
The definition of "Expungement" can be found in the Colorado Revised Statutes §19-1-103 (48). "'Expungement'...means the designation of juvenile delinquency records whereby such records are deemed never to have existed." Expungement is done by actually physically sealing the delinquency record or otherwise marking on the file or computer file in a conspicuous manner that the records are designated as expunged. These records may only be reviewed by an order of the Court after a hearing where good cause is shown to view the records. Even then, all interested parties must be given five (5) days notice of the hearing.
Contrary to popular belief, expungement of records is not automatic at a certain time, or when the juvenile turns 18. A person must petition the Court before the Court will grant an expungement. Further, certain requirements must be met under the law.
The expungement requirements can be found in Colorado Revised Statutes §19-1-306. The Court may order that a juveniles records be expunged if certain criteria are met. First, that the Juvenile has not been adjudicated for any juvenile offense, or convicted for a misdemeanor or felony since release from juvenile parole. Second, that there are no felony or misdemeanor charges, or other delinquency proceeding pending against the petitioner. Third, that the Juvenile has been rehabilitated to the satisfaction of the Court. Fourth, that the expungement would be in the best interest of the petitioner and the community.
Additionally, certain time requirements must be met before a juvenile may even petition the Court for expungement of records. A juvenile may petition the Court for expungement immediately if the are found not guilty at trial. A juvenile must wait to petition for expungement in other cases. A juvenile must wait one year from the completion date of a diversion program, or from the date of contact with law enforcement that was never referred to another agency.
A juvenile must wait four years from the date of release from probation/jurisdiction of the court, completion of parole, or commitment to the Department of Human Services.
If the juvenile has been adjudicated as a repeat or mandatory juvenile offender, he must wait ten years from the date of release from juvenile parole, and must not have violated any further criminal statutes.
In some cases, juveniles are not eligible to expunge their criminal records. If a child has been adjudicated an aggravated juvenile offender, a violent juvenile offender, been adjudicated for a crime of violence, or adjudicated for an offense involving unlawful sexual behavior as outlined in CRS §16-22-102, they are not eligible for expungement. A juvenile who has been direct filed, or filed as an adult into district court, may also not petition the Court for expungements of records.
If a juvenile is eligible, he or she should seriously consider petitioning the Court for an expungement of their Juvenile records. There are no filing fees or other court costs associated with filing for expungement of juvenile records. Once a petition is filed correctly a hearing will be set for a Judge or a Magistrate to hear arguments regarding the expungement of records. If the Court grants the expungement an order will be sent to the District Attorney's Office, Law Enforcement and other agencies where records may be found, directing the agencies to expunge the juvenile's records in their files.
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