Who is Eligible to Expunge Criminal Records?

The following determines eligibility for the expungement of criminal records:

1.      Any juvenile offender who has not been adjudicated as an aggravated juvenile offender pursuant to section 19-2-516(4) or a violent juvenile offender pursuant to section 19-2-516(3); and

2.      Any person who, as a juvenile, has been charged by the direct filing of an information in the district court or by indictment pursuant to section 19-2-517, unless the person was sentenced as a juvenile in the same matter; and

3.      Any person who has been adjudicated for an offense involving unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.; and

4.      Any person who has failed to pay court-ordered restitution to a victim of the offense that is the basis for the juvenile record.

The Court may order the records expunged after a hearing if:

        1.

The petitioner (who is the subject of the expungment proceedings) has not been convicted of, or adjudicated a juvenile delinquent for any felony offense or a misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision;  and

         2.

No proceeding concerning a felony, misdemeanor, or delinquency action is pending or being instituted against the petitioner; and

     3.    The rehabilitation of the petitioner has been attained to the satisfaction of the court; and

         4.

The expungement is in the best interests of the petitioner and the community.

* please note, if petition is for charges of prostitution-related offenses under Colorado Revised Statutes 18-7-201, 18-7-202, 18-7-204, 18-7-301 or 18-7-402 and, petitioner can show by a preponderance of evidence that the petitioner had been sold, exchanged, bartered or leased by another under 18-3-501 and 18-3-502 for purposes of performing the offense or was coerced in to committing the offense, the court shall (must) order the records sealed. A petition to expunge under this subsection can be filed immediately (i.e. no waiting period).