Colorado offers juvenile offenders an opportunity to make a fresh start through expungement. Through this process, a juvenile’s record will be destroyed or eliminated, which allows them to be free of criminal wrongdoing. Once the record has been expunged, a juvenile can deny an adjudication, arrest or charge ever happened.
Expungement, like every other aspect of the law, is a legal area with numerous intricacies. You will have to go through a complicated and time-consuming process before a juvenile record can be expunged. Your best course of action is to contact an attorney if you wish to have your juvenile record destroyed.
Juvenile Expungement Attorney in Colorado Springs
Juveniles should take advantage of their ability to easily expunge their criminal record. Failing to do so may result in employment and higher education issues further down the road. Law Offices of Clifton Black, PC has proven experience assisting clients with juvenile expungement. We will guide you through the process and represent you in court if necessary.
Call (719) 328-1616 to schedule a time to meet with us. Law Offices of Clifton Black, PC is based in Colorado Springs but we regularly assist clients with expungement in areas such as Denver and Littleton.
- Which Juveniles Can Immediately File for Expungement?
- How Long Do I Have to Wait to Expunge My Juvenile Record?
- Juveniles Who are Not Eligible for Expungement
- Why You Should Expunge a Juvenile Record
- Additional Resources
Which Juveniles Can Immediately File for Expungement?
Juveniles have an easier time clearing their criminal record than adult offenders. Not only are they granted more opportunities to do so, but some can petition to have their record expunged immediately. One of the following circumstances must be met to be eligible for immediate expungement:
- You were found not guilty at an adjudicatory trial; or
- The case was dismissed; or
- You completed a sentence for a petty offense, a petty drug offense, class 2 or 3 misdemeanor or level 1 or 2 misdemeanor; and
- There are no felony, misdemeanor or delinquency actions pending against you
How Long Do I Have to Wait to Expunge My Juvenile Record?
Juveniles who are not immediately eligible for expungement will have to wait a certain amount of time before petitioning for an order of expungement. How long wait depends on elements of your case such as criminal history, if your sentence has been completed and if any action was taken after an arrest.
Based on elements of your case, you may have to wait the following lengths of time to expunge a juvenile record:
- One year after you complete a juvenile diversion program or informal adjustment
- One year after being given a ticket or arrested, but no further action was taken
- Five years if you are considered a repeat felony offender or mandatory sentence offender
Colorado courts only allow you to petition for expungement once a year. If you submit a request and it’s denied, you will have to wait 12 months from the day of your original submission before you can file again. Contact a criminal defense attorney if your petition has been denied. They can resubmit the request and make sure all the necessary information is provided.
Juveniles Who are Not Eligible for Expungement
Juveniles are given more chances to clear their record than adult offenders. That being said, not all delinquent records are eligible for expungement. The more severe the crime, the less likely you will be able to have it removed.
The following juveniles are not eligible for expungement in Colorado:
- Aggravated juvenile offenders
- Violent juvenile offenders
- Juveniles adjudicated of a felony sexual act
- Juveniles adjudicated of homicide or related offense
- Juveniles adjudicated of a traffic or vehicle offense
Why You Should Expunge a Juvenile Record
The state understands young people make mistakes. The law hopes such young people would learn from these mistakes, which is why they grant them more opportunities to clean their criminal record than adult offenders.
Having a criminal record at such a young age can have devastating effects on your future. It can impact getting into college, finding a job and access to housing. Expunging your juvenile record would prevent colleges, prospective employers and lenders from accessing the record. Not only this, but you can deny the arrest, charge or adjudication ever occurred.
You are not required to have an attorney when filing for expungement, but it’s highly recommended. While you can file a petition on your own, you will be expected to comply with complex laws. Your petition will be rejected if you fail to meet these standards. When this happens, you will have to wait 12 months before you can petition again.
Juvenile Expungement | Colorado Judicial Department – The courts know filing for expungement is difficult. To ease the process, the Colorado Judicial Department provides instructions on filing. You can find general information about juvenile expungement, definitions to common terms, required forms and fees you may be required to pay.
Expungement of Juvenile Delinquent Records | Colorado Revised Statutes – Read the section of the state statutes over juvenile expungement. You can find out who has access to the record once it’s sealed and when a record can be re-opened. The statute can be read on Justia.com, an online legal resource.
Juvenile Expungement Lawyer in Colorado Springs
Petitioning for expungement is not as easy as submitting a form with the court. The chances of your expungement being accepted are greatly increased when you work with an attorney. The legal team at Law Offices of Clifton Black, PC knows how important this is for you, which is why we vow to give you our undivided attention.
Our consultations are free, so you have nothing to lose. Call (719) 328-1616 to schedule a time to speak with us. We assist clients in areas such as El Paso County, Denver County, and Arapahoe Springs County.