In my office, I have a poster that reads, “Each of us is more than the worst thing we have ever done.” A quote from one of my favorite books, Just Mercy, written by civil rights attorney Bryan Stevenson. (2014, 17-18) In my legal practice, I work tirelessly to ensure that prosecutors and judges see my clients as whole people, not just someone accused of a crime of delinquent offense.
Because I want my clients to move on with their lives after their case is dismissed or they finish their sentence, I am always eager to help clients expunge or seal their juvenile or criminal record once they are eligible because having a juvenile or criminal record can lead to negative collateral consequences that prohibit people with criminal and juvenile records from accessing employment, occupational licensing, housing, voting, education, and other opportunities.
This post will cover what delinquency offenses are eligible for expungement. I created flow charts to help you determine if your case is eligible for expungement. If so, you can file the paperwork pro se (without an attorney), I recommend you read the self-help guide created by the Colorado Courts before filing, Or feel free to schedule a consultation with my office so I can help you file all the petition to ensure you move forward without the negative consequences of a juvenile delinquency offense on your record.
Mandatory Expungement
Determining Eligibility: Is the case a juvenile delinquency case?
No: Not eligible for mandatory expungement
Yes:
Was there a finding of not guilty at an adjudicatory trial?
No: Continue
Yes: Eligible for mandatory expungement
Was the petition dismissed in its entirety prior to any disposition or alternative sentencing?
No: Continue
Yes: Eligible for mandatory expungement
Was there completion of a sentence or alternative to sentencing (deferred adjudication, informal adjustment, or diversion) for a petty or class 2 or 3 misdemeanor offense, or level 1 or 2 drug misdemeanor?
No: Continue
Yes:
Does the offense involve unlawful sexual behavior?
No: Eligible for mandatory expungement
Yes: Not eligible for mandatory expungement
Are there any felony, misdemeanor, or delinquency actions pending or being initiated against the youth?
No: Eligible for mandatory expungement
Yes: Not eligible for mandatory expungement
Automatic Expungement of Records
If a juvenile delinquency case is ineligible for mandatory expungement, the next question is whether the case is eligible for automatic expungement. If eligible, juvenile delinquency cases will be expunged without a hearing if there are no objections from the prosecutor or victim.
Determining Eligibility: Is the case a juvenile delinquency case?
No: Not eligible for mandatory expungement
Yes: Continue
Was there completion of a diversion program, a deferred adjudication, or an informal adjustment for all charges that are not eligible for automatic expungement?
No: Continue
Yes: Eligible for automatic expungement
Was the juvenile sentence for an adjudication for a class 1 misdemeanor or petty or misdemeanor offense that is not otherwise eligible under mandatory expungement? This includes misdemeanor sexual offenses.
No: Continue
Yes: Eligible for automatic expungement
Was the juvenile sentence for an adjudication for a felony offense or felony drug offense so long as the case is not:
A felony offense of unlawful sexual behavior, defined in C.R.S. § 16-22-102(9);
A felony offense that was crime of violence as described in C.R.S. § 18-1.3-406;
A felony offense constituting a class 1 or 2 felony;
No:Continue
Yes: Not eligible for automatic expungment
The juvenile has no prior felony adjudications.
No: Not eligible for automatic expungement
Yes: Eligible for automatic expungement
If you are eligible for expungement pursuant to this section, the agency supervising the juvenile must prepare a report when supervision is complete. The prosecution and victim have thirty-five days after the filing of the report to object. If the prosecutor or victim objects, then the case will be scheduled for a hearing. At the hearing on expungement, the Court will consider whether the juvenile has been rehabilitated to the satisfaction of the court, and whether it is in the best interest of the juvenile and the community to expunge the record. Although the juvenile is not required to appear at the hearing, they do have the right to appear and to present evidence in writing prior to the hearing or in person at the hearing. If your case is set for an expungement hearing, this might be a good time to contact the attorney who originally represented you to see if they can represent you at this hearing.
Petitioning for Expungement
If a juvenile’s records do not fall under the mandatory or automatic process outline above, their case might still be eligible for expungement if they petition the court.
Determining Eligibility: Is the case a juvenile delinquency case?
No: Not eligible for expungement
Yes: Continue
Was your case eligible for mandatory or automatic expungement?
No: Continue
Yes: Peruse mandatory of automatic expungement.
Do you have a felony, misdemeanor, or delinquency action pending?
No: Continue
Yes: Not eligible to petition to expunge.
Has it been 36 months since the date of the juvenile’s unconditional release from a juvenile sentence?
No: Not eligible to petition to expunge
Yes: Continue
Were you charged with any of the following:
As an Aggravated Juvenile Offender or Violent Juvenile Offender;
Homicide;
Vehicle or Traffic Violations;
Felony Unlawful Sexual Behavior
Yes: You are not eligible to expunge
No: You are eligible to petition to expunge your juvenile record!
Expungement of Records Relating to Law Enforcement Contact
A person may petition the court to expunge records related to law enforcement contact that did not result in referral to another agency.
Determining Eligibility: Was a juvenile investigated or contacted by law enforcement for a delinquency offense?
No: Not eligible for expungement of records relating to law enforcement contact.
Yes: Continue
Has one year has passed since the law enforcement contact; and
There are no proceeding concerning a felony, misdemeanor, or delinquency action pending against the petitioner.
Yes, to both questions: Eligible for expungement.
The process to seal a record relating to investigation or police contact in which a case that was never filed in court is a bit trickier, because you have to file a new civil case with the court.
If your petition for expungement is denied, you can reapply after 12 months.
Youth in Colorado should be able to move into adulthood without their juvenile record affecting their future; for that reason, all eligible youth should file to expunge their records. If you still have questions or are interested in having an attorney help you expunge a juvenile record, please schedule a consultation with my office.