(A) Definitions. For purposes of this section, the following terms shall have the following meanings.
BASIC IDENTIFICATION INFORMATION. The name, place and date of birth, last-known address, Social Security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints and any known aliases of any person.
JUVENILE. A person under 18 years of age.
PERSON IN INTEREST. The person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, PERSON IN INTEREST means and includes his or her parents or duly appointed legal representative.
(B) Sealing of records other than convictions.
(1) A person in interest may petition the Municipal Court for the sealing of all criminal records of a defendant, except basic identification information, in the following circumstances:
(a) Upon the complete dismissal of a case against the defendant;
(b) Upon acquittal of the defendant on all counts in a case;
(c) Upon completion of all terms of a diversion agreement by the defendant; or
(d) Upon completion of a deferred judgment and sentence where all counts are dismissed.
(2) Notwithstanding subsection (B)(1) of this section, a person in interest may not obtain a sealing order if:
(a) The defendant owes restitution, fines, court costs, late fees or other fees in the case that is the subject of the petition to seal criminal records, unless the Municipal Court vacated the order for restitution, fines, court costs, late fees or other fees;
(b) An offense is not charged due to a plea agreement in a separate case;
(c) A dismissal occurs as part of a plea agreement in a separate case in which a judgment of conviction has been entered; or
(d) The only charges against the defendant involved a Class 1 or Class 2 misdemeanor traffic offense or a Class A or Class B traffic infraction.
(C) Minors in possession of alcohol or marijuana.
(1) Automatic sealing. The Municipal Court shall immediately issue a sealing order in a case in which a defendant under the age of 21 is charged with illegal possession or consumption of ethyl alcohol or marijuana in the following circumstances:
(a) Upon the complete dismissal of a case against the defendant;
(b) Upon completion of a deferred judgment or diversion or any other action resulting in dismissal of the case against defendant; or
(c) Upon completion of any court-ordered substance abuse education and payment of any fine for a first time conviction.
(2) Sealing upon petition. The defendant may petition the Municipal Court for an order sealing criminal records upon expiration of one year from the date of a second or subsequent conviction for illegal possession or consumption of ethyl alcohol or marijuana. The Municipal Court shall grant the petition if the defendant has not been arrested for, charged with or convicted of any felony, misdemeanor, or petty offense during the period of one year following the date of the defendant’s conviction.
(D) Expungement of juvenile records.
(1) The Municipal Court shall automatically expunge the record of a juvenile charged with a violation of this code, within 42 days of the occurrence of the following:
(a) Upon a finding of not guilty at an adjudicatory trial;
(b) Upon the complete dismissal of a case; or
(c) Upon completion of a sentence.
(2) Notwithstanding the requirements of subsection (D)(1) of this section, the Municipal Court shall not expunge the record of a juvenile if the juvenile has any felony, misdemeanor, petty offense or delinquency actions pending. In such case, the Municipal Court shall stay the petition for expungement proceedings until resolution of any pending cases.
(3) The Municipal Court may not expunge the records of a person charged, adjudicated or convicted of any offense or infraction pursuant to the Vehicles and Traffic Law, C.R.S. Title 42.
(4) The Municipal Court shall notify the Prosecuting Attorney that all records in a case charging a juvenile with a municipal violation will be expunged 42 days after completion of the sentence. The prosecuting attorney may object within the 42-day period and, in such case, the Municipal Court will schedule a hearing on the expungement with notice sent to the juvenile’s last known address. The juvenile is not required to appear at the hearing. The Municipal Court shall expunge the juvenile’s records upon written findings that the juvenile successfully completed the sentence or that the case is closed.
(Ord. 2(2018) § 2)