H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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Colorado Expungement Of Juvenile Sex Offender Crime Adjudications – Not Allowed

While state legislators in Colorado may change this law sometime in the future – the present state of the law does not permit the expungement of juvenile sex crime record if the juvenile has been adjudicated (convicted) of a Colorado sex crime – even a misdemeanor.

When making the decision to go to trial or accept an alternative plea agreement – juveniles and their parents must be made aware of the inability to hide or to expunge or to otherwise keep this conviction from the possibility of a background check uncovering the conviction.

The impact of a sex crime on a juvenile’s future employment cannot be overstated. This adjudication can cause problems in future education, employment – even renting property. With the thoroughness of the comprehensive background checks now being performed – these crimes can be located much more easily.

The requirement of registration as a sex offender must also be considered – however – here this requirement can be removed after probation has been completed – not so if there is an adjudication.

Here is the entire law – look at section – which I have highlighted for you:

Section 19-1-306. Expungement of juvenile delinquent records

(1) For the purposes of this section, “expungement” is defined in section 19-1-103(48). Upon the entry of an expungement order, the person, agency, and court may properly indicate that no record exists.

(2)(a) The court shall advise any person of the right to petition the court for the expungement of such person’s record at the time of adjudication, or the court, on its own motion or the motion of the juvenile probation department or the juvenile parole department, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.

(b) Expungement shall be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that said record has been designated as expunged.

(3) Basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear from the records, shall not be open to the public but shall be available to a district attorney, local law enforcement agency, and the department of human services; except that such information shall not be available to an agency of the military forces of the United States.
(4) Records designated as expunged may only be inspected by order of the court, after a hearing and good cause shown. Notice of said hearing shall be given to all interested parties at least five days in advance of such hearing.

(5)(a) Expungement proceedings shall be initiated by the filing of a petition in the appropriate juvenile court requesting an order of expungement. No filing fee shall be required. Any record that is ordered expunged shall, notwithstanding any such order for expungement, be available to any judge and the probation department for use in any future juvenile or adult sentencing hearing regarding the person whose record was expunged.

(b) Upon the filing of a petition, the court shall set a date for a hearing on the petition for expungement and shall notify the appropriate prosecuting agency and anyone else whom the court has reason to believe may have relevant information related to the expungement of the record.

(c) The court may order expunged all records in the petitioner’s case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that:

(I) The petitioner who is the subject of the hearing has not been convicted of a felony or of a misdemeanor and has not been adjudicated a juvenile delinquent since the termination of the court’s jurisdiction or the petitioner’s unconditional release from parole supervision;

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

(III) The rehabilitation of the petitioner has been attained to the satisfaction of the court; and
(IV) The expungement is in the best interests of the petitioner and the community.

(d) The court shall order expunged all records in the custody of the court and any records in the custody of any other agency or official that pertain to the petitioner’s conviction for prostitution, as described in section 18-7-201, C.R.S.; soliciting for prostitution, as described in section 18-7-202, C.R.S.; keeping a place of prostitution, as described in section 18-7-204, C.R.S.; public indecency, as described in section 18-7-301, C.R.S.; soliciting for child prostitution, as described in section 18-7-402, C.R.S., or any corresponding municipal code or ordinance if, at the hearing, the court finds that the petitioner who is the subject of the hearing has established by a preponderance of the evidence that, at the time he or she committed the offense, he or she:

(I) Had been sold, exchanged, bartered, or leased by another person, as described in section 18-3-501 or 18-3-502, C.R.S., for the purpose of performing the offense; or
(II) Was coerced by another person, as described in section 18-3-503, C.R.S., to perform the offense.

(a.5) At any time for the purposes described in paragraph (d) of subsection (5) of this section;

(6) A person is eligible to petition for an expungement order:

(a) Immediately upon a finding of not guilty at an adjudicatory trial;

(b) One year from:
(I) The date of a law enforcement contact that did not result in a referral to another agency;
(II)The completion of a juvenile diversion program or informal adjustment;

(c) Four years from the date of:

(I) The termination of the court’s jurisdiction over the petitioner;
(II)The petitioner’s unconditional release from commitment to the department of human services; or (III)The petitioner’s unconditional release from parole supervision;

(d) Ten years from the date of the termination of the court’s jurisdiction over the juvenile or the juvenile’s unconditional release from parole supervision, whichever date is later, if the juvenile has been adjudicated a repeat or mandatory juvenile offender and if the juvenile has not further violated any criminal statute.

(7) The following persons are not eligible to petition for the expungement of any juvenile record:

(a) Any person who has been adjudicated as an aggravated juvenile offender or a violent juvenile offender;

(b) Any person who has been adjudicated for an offense that would constitute a crime of violence under section 18-1.3-406, C.R.S., had the person been an adult at the time the offense was committed;

(c) 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;

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

(8) A person may file a petition with the court for expungement of his or her record only once during any twelve-month period.

Cite as C.R.S Section 19-1-306
Any person who has been adjudicated for an offense involving unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.

16-22-102(9), C.R.S. (9)

“Unlawful sexual behavior

means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

(a)(I) Sexual assault, in violation of section 18-3-402, C.R.S.; or (II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(b) Sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
(c)(I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or (II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(d)Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(e)Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.;
(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;
(h) Incest, in violation of section 18-6-301, C.R.S.;
(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(j) Trafficking in children, in violation of section 18-3-502, C.R.S.;
(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;
(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;
(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;
(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;
(q) Keeping a place of child prostitution, in violation of section 18-7-404, C.R.S.;
(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;
(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;
(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
(u) Engaging in sexual conduct in a correctional institution, in violation of section 18-7-701, C.R.S.;
(v) Wholesale promotion of obscenity to a minor, in violation of section 18-7-102 (1.5), C.R.S.;
(w) Promotion of obscenity to a minor, in violation of section 18-7-102 (2.5), C.R.S.;
(x) Class 4 felony internet luring of a child, in violation of section 18-3-306(3), C.R.S.;
(y) Internet sexual exploitation of a child, in violation of section 18-3-405.4, C.R.S.;
(z) Public indecency, committed in violation of section 18-7-301(2) (b), C.R.S., if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;
(aa) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6, C.R.S.; or (bb) Second degree kidnapping, if committed in violation of section 18-3-302(3) (a), C.R.S.