1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Do the records just "disappear"?
No. The records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this is occurs only in exceptional circumstances and normally requires a court order or statutory authorization. Under Colorado Statute §19-3-313, in cases of expunged records related to offenses against minors, the central registry of child protection shall destroy expunged records in its custody unless contrary to another law.
3. What records may be expunged?
Normally, records in any court, correctional facility, law enforcement or criminal justice agency will be affected. Specifically, records regarding a person's detection, apprehension, arrest, detention, trial or the disposition of an offense within the criminal justice system are selected for expungement. Other records, which may exist in a court, such as property deeds, or civil lawsuits or judgments, will not be affected or expunged.
The effect of an expungement is that one's criminal record of arrest and/or conviction is erased and legally deemed not to have occurred. In juvenile delinquent cases any record that is ordered expunged shall, notwithstanding any such order for expungement, be available to any judge and the probation department for use in any future juvenile or adult sentencing hearing regarding the person whose record was expunged. § 19-1-306.
Driving records of minors convicted of driving while intoxicated may be expunged where conditions met. §42-2-121.
4. Who is eligible for an expungement?
Adult sealing of records:
· All charges must be dismissed, or the person charged must
be acquitted of all charges, or the person was not charged with any offense;
· There is only an arrest record and no charges were filed
in a court;
· Effective July 1, 1993, you may not apply to have a criminal
record sealed if the record to be sealed contains the following statutes:
Sections 18-3-401; 18-3-403; 18-3-404; 18-3-405.5, C.R.S., all dealing
with sexual assault where a plea of guilty or nolo contendere (no contest)
has been entered;
· A plea agreement has been made; or arrangements have
been made for a deferred judgment or sentencing or deferred prosecution;
or where the defendant has been convicted of the offense;
· You may not seal records pertaining to any class 1 or class 2 traffic
offense, or to any class A or class B traffic infraction.
For juveniles:
You are ELIGIBILE to petition for an expungement order:
1. Immediately, if you are found not guilty at trial;
2. After one year, if you are given a ticket or are arrested, but no further action was taken; or you completed a juvenile diversion program or informal adjustment;
3. After four years, if the Court has terminated jurisdiction; or you are unconditionally released from commitment to the department of human services; or you are unconditionally released from parole supervision;
4. After ten years, if you have been adjudicated a repeat or mandatory juvenile offender, and the Court has terminated jurisdiction or you are unconditionally released from parole supervision, whichever date is later.
You are NOT ELIGIBILE to petition for expungement if:
1. Your records pertain to an offense involving unlawful sexual behavior as defined in §18-3-412.5(1), C.R.S.; OR
2. You were adjudicated an aggravated juvenile offender; OR
3. You were adjudicated a violent juvenile offender; OR
4. You were adjudicated for an offense that would be a crime of violence if committed by an adult; OR
5. You were charged by the direct filing of an indictment or information in district court as a juvenile.
For child abuse and neglect cases:
Any person in interest may petition if the records are a record
of official actions involving a criminal offense for which said person
in interest was not charged, in any case which was completely dismissed,
or in any case in which said person in interest was acquitted.
For minors convicted of driving under the influence:
If over 21 years old and convicted for an offense committed while
under 21 years old with alcohol level of at least 0.02 but not more than
0.05, having been a first and only DUI offense, and all terms of sentencing
are completed. § 42-4-1715
How do I get an "Expungement"? . In juvenile delinquent cases, expungement proceedings shall be initiated by the filing of a petition in the appropriate juvenile court requesting an order of expungement. § 19-1-306. In juvenile delinquent cases, the court shall advise any person of the right to petition the court for the expungement of such person's record at the time of adjudication, or the court, on its own motion or the motion of the juvenile probation department or the juvenile parole department, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.
In cases of a report of child abuse or neglect, the subject of the report may request the director to amend, seal, or expunge the record of the report. A request shall be written and shall be made within two years after the date of the mailing of the notice sent to the The decision to expunge the record shall be made by the director of the central registry based on the investigation made by the county department or the local law enforcement agency. If the director refuses or does not act within a reasonable time, but in no event later than thirty days after such request, the subject shall have the right to a fair hearing as provided under the "State Administrative Procedure Act. §19-3-313.
On and after July 1, 1993, a record related to a first-time listing of a subject on the central registry of child protection and which is based on a minor offense reported on or after July 1, 1991, but before July 1, 2001, shall be examined by the director of the central registry and, on the basis of such examination, shall be expunged by said director if two years have lapsed since the date the reported incident was entered into the registry records upon a determination by the director that good cause exists for expunging such record §19-3-313.
On and after July 1, 1991, a record related to a first-time listing of a subject on the central registry of child protection and which is based on a minor offense reported before said date shall be examined by the director of the central registry upon request by the subject for expungement and, on the basis of such examination, may be expunged by said director if two years have lapsed since the date the reported incident was entered into the registry record upon a determination by the director that good cause exists for expunging such record §19-3-313.
In the case of minors convicted of driving while intoxicated, a petition may be made to the state department of motor vehicles with custody of the records.
To seal adult records under C.R.S 24-72-308
· Complete the petition and order to the best of your ability.
THE CLERK OF COURT WILL COMPLETE THE CASE NUMBER. Enter the name
of the petitioner in the case caption. The petitioner may or may
not be the defendant (primary subject of the criminal justice record).
All blanks must be filled in before the case is filed. You are responsible
for specifying with a checkmark each criminal justice agency that has your
criminal records. Do not include the Federal Bureau of Investigation
(FBI). It is the Colorado Bureau of Investigation’s (CBI) responsibility
to contact the FBI if there is a corresponding FBI record. You must
indicate the same agencies on the order as you did on the petition.
· Specify the charge(s) for any arrest record or court case
file you want sealed. You may obtain this information from the arresting
agency and court clerk’s office. You must enter the case number(s)
of all the files you want sealed. You must pay a separate filing
fee for each case, unless both a county court and a district court case
were established as the result of the same offense. List the result
of the official action you are petitioning to seal. NO CRIMINAL JUSTICE
INFORMATION INVOLVING A CONVICTION MAY BE SEALED.
· You must sign the petition in the presence of the court
clerk or a notary public.
· Present the original completed Petition and Order forms
to the clerk of the district court’s office with the accompanying filing
fee.
· After filing the petition and paying your filing fee,
the court will set the matter for hearing. The court will send a
notice and a copy of the petition to you and all the agencies you listed
on the petition. If an agency files an objection, you will receive
a copy of that objection.
· On the hearing date the court will either grant or deny
your Petition to Seal Arrest and Criminal Records.
