Juvenile Record Expungement
In Colorado, even if a juvenile case is closed or dismissed, the court records remain open and accessible to certain individuals. As such, these juvenile records often cause people serious educational, employment, and social consequences in their juvenile and adult lives.
Fortunately, Colorado law permits a "Petitioner" to file a civil action in District Court to request an expungement of their juvenile records. Because a juvenile delinquency adjudication is a special statutory proceeding that is non-criminal in nature, a person who wishes to seal his/her juvenile records must proceed under the juvenile expungement statute, not the criminal record sealing provisions for adult criminal records. Once a record is ordered "expunged", it is deemed never to have existed. As such, the records will be physically sealed or designated as "expunged" on the face of the record at the beginning of the court's computerized file.
Expunging a juvenile record is a complex, time-consuming process that requires the expertise and experience of a detail-oriented criminal defense attorney. The Law Office of Monte J. Robbins, Esq., with office located in Denver and Greeley, Colorado, represents clients in all Colorado District Courts who wish to have their juvenile records expunged.
Only certain records are eligible for a juvenile record expungement. Under Colorado law, a person is eligible if: he/she was found not guilty at trial; 2) a juvenile diversion program or informal adjustment was completed; 3) a person was arrested or given a ticket after one year, but no further action was taken; 4) after four years, the Court has terminated jurisdiction or is unconditionally released from commitment to the department of human services or parole supervision; 5) after ten years, a person has been adjudicated a repeat or mandatory juvenile offender, and the Court has terminated jurisdiction or the person is unconditionally released from parole supervision, whichever date is later.
On the other hand, certain restrictions apply which may deem a person ineligible for an expungement: 1) certain offenses related to unlawful sexual behavior; 2) aggravated juvenile offender adjudication; 3) adjudications for offenses that would be classified as an adult crime of violence; 4) direct filing in District Court of an indictment or information against a juvenile.
Upon receipt of a petition to expunge a juvenile record, the District Court will make specific determinations regarding the following criteria, prior to issuing an order of expungement: 1) the person in interest has not been adjudicated a "juvenile delinquent" since the termination of the court's jurisdiction in the case at issue; 2) no current criminal action or delinquency action is currently pending against the juvenile; 3) the juvenile has been rehabilitated to the court's satisfaction; 4) the community and the juvenile's best interests would both be served by an expungement order.
If you or a loved one is considering a juvenile record expungement or has questions regarding the process or eligibility requirements, call us immediately at 303-355-5148 to discuss your options.