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HB17-1204: Juvenile Delinquency Record Expungement

Criminal Justice | Privacy & Technology | Student and Youth Rights
Bill Number: HB17-1204
Year: 2017
ACLU Position: Support
Sponsors: P. Lee

Description:

Under current law, there is limited access to juvenile delinquency
records. The bill restricts that access by making certain records public
only after a court orders that a child be charged as an adult, consistent
with recent changes to the direct file statute, and by eliminating the
requirement that the prosecuting attorney notify the school principal of
minor offenses. The bill also ensures that the juvenile and his or her
attorney can access the juvenile’s records, and that juvenile record
information is available to agencies that require the information for
research purposes, with protections against the disclosure of identifying
information.
Under current law, a juvenile or someone on the juvenile’s behalf
must petition, after an applicable waiting period of one to 5 years, for
expungement. The bill requires the court to automatically expunge
records in certain situations. In some situations, the juvenile must still
petition for expungement. Records will be expunged immediately upon:
• A finding of not guilty at an adjudicatory trial;
• Dismissal of the entire case;
• The completion of a sentence for a municipal offense; and
• The completion of a juvenile sentence for a petty offense or
a class 2 or class 3 misdemeanor that is not a sex offense or
does not involve domestic violence.
Records will be eligible for expungement upon the completion of
a juvenile sentence when the juvenile has a class 1 misdemeanor or a
misdemeanor involving domestic violence; or the dismissal after
completion of juvenile diversion, a deferred adjudication, or an informal
adjustment; or the adjudication of a first-time felony and the adjudicated
felony is not a crime of violence, is not an offense involving unlawful
sexual behavior, and is not a class 1 or class 2 felony. The court sends a
notice to the prosecuting attorney that the records are eligible for
expungement. The prosecuting attorney shall notify the victim, and the
victim and the prosecuting attorney have the right to object to the
expungement. If there is no objection, the court enters an expungement
order. If there is an objection, the court holds a hearing to determine if the
juvenile is sufficiently rehabilitated and whether expungement is in the
best interest of the juvenile and the community.
All other juveniles must file a petition to request expungement
after an applicable waiting period. Records will be eligible for
expungement one year after a law enforcement contact that did not result
in a referral to another agency. Records will be eligible for expungement
one year from the date of the completion of a juvenile sentence if the
juvenile was not adjudicated a repeat, mandatory, aggravated, or violent
juvenile offender. After the petition is filed, the court shall hold a hearing,
and the court shall grant expungement if it finds that the juvenile has been
rehabilitated and that expungement is in the best interest of the juvenile
and the community. A person who is adjudicated as a repeat or mandatory
offender, violent juvenile offender, or aggravated juvenile offender;
adjudicated for homicide or vehicular homicide as a juvenile offender; or
adjudicated for a felony offense involving unlawful sexual behavior is not
eligible for expungement.
The bill requires written notice of the right to expungement and of
the expungement process to the juvenile.


Current Status:

Sent to the Governor (05/18/2017)
Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole (05/05/2017)
House Second Reading Special Order - Passed with Amendments - Committee (04/28/2017)
House Committee on Judiciary Refer Amended to Appropriations (03/28/2017)
Introduced In House - Assigned to Judiciary (02/23/2017)



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