Document Expungement in Colorado
Although not all past criminal records can be expunged, in most cases, any correctional facility, court, criminal justice, or law enforcement agency files can be affected during the expungement process. All records pertaining to an individual’s apprehension, detection, detention, arrest, trial, or disposition in accordance with an offense can be chosen for destruction when an expungement is granted. Civil lawsuits, judgments, and property deeds, on the other hand, will be unaffected by this process.
Expungement Definition
Expungement is a difficult process that involves sealing or erasing an individual’s past criminal history in order to make the crime appear as if it never happened. In the state of Colorado, this includes both conviction and arrest records. Juvenile delinquent cases are handled differently than adult cases because any portion of the record, whether from the district attorney, the department of human services, or local law enforcement agencies, can be sealed and erased. This information, however, will be kept on file for future applications to US military forces. Minors with driving records while intoxicated may have their criminal records expunged if certain conditions are met, according to Colorado Statute 42-2-121.
Eligibility for Expungement
Only certain people are eligible for record expungement. Regardless of the circumstances, juvenile records are eligible for expungement under Colorado Statute 19-1-306. This includes the sealing of late-filed records. At the time of adjudication, the court will inform the individual, on its own motion, of the right to have the records expunged from the juvenile parole or probation departments. After sealing, all records containing personal information will be unavailable to the public. Identification information, a list of state agencies, a list of local agencies, and the officials who had contact with the individual are all included in these records. Local law enforcement, district attorneys, and the department of human services will not have access to these records.
Following expungement, records will be obtained only if the court is petitioned with sufficient evidence indicating probable cause. There will be a hearing. When a petition is filed, the court will expunge records pertaining to a drunk driving conviction with a BAC between zero two and zero five, but only if the individual has presented a request and provides accurate information, is over the age of twenty-one, the court action for the said offense has concluded, the individual has not been convicted of any other offense while under the age of twenty-one, and all fines pertaining to the conviction have been paid.
Expungement can also refer to the removal of all fingerprints and DNA records associated with a specific case. Those who have been accused of crimes but have been acquitted, the charges have been dismissed, or no charges have been filed are always eligible for record erasure under the law. Certain driving under the influence and driving while intoxicated offenses, as well as pardoned individuals, may be eligible.
