Expunging a record involves sealing the entire case file, including paper and electronic files. A person will need a court order to access the file. The state of Colorado allows expunging of juvenile records in certain cases, depending on the how much time has lapsed since the final deposition and whether the juvenile committed any further offenses within that time.
A juvenile may be eligible for expungement under the following conditions:
- he was found not guilty of the alleged violation;
- one year has passed since has was ticketed or arrested and no further action was taken;
- four years have passed he was unconditionally released from probation or custody; and
- ten years after being sentenced as a juvenile repeat or mandatory offender.
A juvenile is ineligible for expungement if:
- he was adjudicated as an aggravated or violent offender
- he was sentenced as an adult
- he was adjudicated for certain unlawful sexual behavior
The laws are less strict for juveniles, who can often request expungement sooner than adult offenders. You should consult with a criminal defense attorney who is familiar with the expungement process as it pertains to juveniles and who can advise you of the legal options available to you. Your attorney can file a petition with the court. The court will then set a hearing date, during which time a judge will ask questions, hear objections to your request and decide whether or not to grant your request. You should seek expungement of a juvenile record as soon as possible. The sooner a youth’s record is sealed and/or expunged, the less of an impact it will have on his future endeavors such as college, employment and even joining the military and the easier it will for him to put his past mistakes behind him.
