April 20, 2019

HB 13-1082: Setting Parameters for Expungement of Juvenile Delinquency Records

On January 16, 2013, Rep. Jeanne Labuda introduced HB 13-1082 – Concerning Juvenile Delinquency Records. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

A court that adjudicates a person a juvenile delinquent shall consider initiating expungement proceedings for the person’s records not more than 30 days after the person’s sentence is discharged.

A court that adjudicates a person an aggravated juvenile offender or a violent juvenile offender, or that adjudicates a person a juvenile delinquent for a felony offense of unlawful sexual behavior, shall consider initiating expungement proceedings for the person’s records not more than 5 years after the person’s sentence is discharged.

The bill permits a court to order a petitioner’s records expunged in cases where the petitioner has been convicted of a misdemeanor since the termination of the court’s jurisdiction or the petitioner’s unconditional release from parole supervision.

Under current law, the public has access to arrest and criminal records information, including a physical description, that concerns a juvenile who is adjudicated a juvenile delinquent or is subject to a revocation of probation for:

  • Committing the crime of possession of a handgun by a juvenile;
  • Committing an act that would constitute a class 1, 2, 3, or 4 felony; or
  • Committing an act that would constitute any crime that involves the use or possession of a weapon if such act were committed by an adult.

The bill limits the public’s access to include only arrest and criminal records information, including a physical description, that concerns a juvenile who is adjudicated a juvenile delinquent or is subject to a revocation of probation for:

  • Committing the crime of possession of a handgun by a juvenile; or
  • Committing an act that would constitute a class 1 felony.

The bill is assigned to the Judiciary Committee.