Under the Colorado Children’s Code, a person may request their juvenile record be sealed from public access by filing a Petition for Expungement of Records .
If you had a case(s) in Denver County Court when you were a juvenile that you want sealed, you must file your Petition with the Denver County Court located at 520 W. Colfax Avenue, Room 160. One Petition must be filed for every case you wish to have sealed.
A Petition can be filed to expunge a record only once during any 12-month period.
You are eligible to Petition for an Order expunging your Denver County record:
- Immediately, if you were found not guilty at trial, if your case was dismissed, or you successfully completed a juvenile diversion program or a deferred adjudication.
- After one year, if you were arrested or contacted by a law enforcement agency, but no further action was taken, or the termination of the Court’s jurisdiction over you after successful completion of probation.
You are not eligible to Petition for an Order expunging your Denver County record if:
- You have failed to pay court-ordered restitution to a victim of the offense that is the basis for the juvenile record.
- You have been convicted of, or adjudicated a juvenile delinquent for any felony offense or misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon since the termination of the Court’s jurisdiction.
- You have felony, misdemeanor, or delinquency actions pending.
Provisions for more serious cases are listed in the Colorado Revised Statute 19-1-306, C.R.S.
If a juvenile case is ordered expunged, basic information identifying the juvenile will be available to a prosecuting attorney, local law enforcement agency, and the department of human services. The entire juvenile record will be available to any judge or probation department for use in any future juvenile or adult sentencing hearing. However, if inquiries are made by the public, the court will reply that “no record exists with respect to such person.”
Records ordered expunged may only be inspected by criminal justice agencies by Order of the Court, after a hearing and for good reason. A notice of hearing shall be given to all interested parties at least five days before the hearing.
STEPS TO FILING A PETITION FOR EXPUNGEMENT OF RECORDS:
- Fill out the Petition for Expungement of Records . All sections must be completed before the Petition is filed. This Petition must be signed in the presence of a court clerk or Notary Public.
- Fill out an Order of Expungement of Records . Complete all required portions of the form to include Section 1. The judge or magistrate will sign the Order at the time of the hearing if your Petition is approved.
- File the above listed documents with Denver County Court located at 520 W. Colfax Avenue, Room 160. There is no filing fee required. If you are requesting to expunge multiple cases, you must file a separate Petition for each case. If the Petition has not been signed in the presence of a Notary Public, you will sign the Petition before a court clerk at this time.
- A hearing will be set within 30 days. The Court will send a hearing notice to you, the City Attorney’s Office, Denver Police Identification Bureau, and the Gilliam Center. Unless otherwise requested, it is not necessary for you to appear. The Judge or magistrate will decide if they will grant or deny the Petition to Expunge based on certain information.
- Your Petition may be granted if:
- You have no felony, misdemeanor or certain ordinance convictions, or any delinquency adjudication since the termination of your previous case; and
- There are no criminal charges, certain ordinance violations, or delinquency actions pending against you, and
- You have rehabilitated to the satisfaction of the court; and
- The court finds that the expungement is in your best interest and the best interest of the community
- If the Judge or Magistrate approves your Petition, they will sign the Order and it is your responsibility to notify the Colorado Bureau of Investigation and all agencies listed on the Order. You can do this by mailing each agency a copy of the signed Order. Your failure to notify the agencies may result in your juvenile arrest and criminal record not being sealed.
Approximately 30 days after the agencies have received a copy of the Court’s Order, the juvenile record will be expunged (sealed) by the agencies.