De-registration and Expungement for Juvenile Delinquency Records in Colorado
Expungement of juvenile delinquency records and getting off of the sex-offender registry are two very important post-adjudication issues that juvenile practitioners need to address. Both the expungement and de-registration statutes have automatic procedures in place which are designed to streamline and simplify these processes. The courts are required to automatically petition for expungement and de-registration in many circumstances, but the courts are not following this law. You need to be vigilant to make sure the courts in your jurisdiction are applying the automatic petition portions of the statute!

The entire juvenile expungement statute was repealed and replaced effective November 1, 2017. The most important change in the expungement law is that expungement and the process to start it are automatic for many cases. The court is required to order expungement within forty-two days for all cases where the child is found not guilty, the case is dismissed, or the child completes a sentence for a petty offense, drug petty offense, class 2 or class 3 misdemeanor, or level 1 or level 2 drug misdemeanor as long as the offenses don't involve unlawful sexual behavior or domestic violence. In addition to this, the court is required to send notice of expungement ninety-one days prior to the completion of the sentence in the following cases: diversion, deferred adjudication, informal adjustment, all other class 1 misdemeanor offenses not eligible above, misdemeanor offenses for unlawful sexual contact, and all felony and drug felony offenses as long as they are not offenses for unlawful sexual behavior, a crime of violence, a class 1 or class 2 felony, and as long as the child did not have any prior felony adjudications.

Any juvenile who has his or her records expunged may lawfully assert that he or she has no juvenile delinquency record, and has never been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case. PLEASE MAKE SURE YOUR COURTS are following the automatic expungement requirements and notice requirements listed above! See  § C.R.S. 19-1-306  or contact CJDC Board Member, Michael Juba at juba@hardyjuba.com for more information.

Similarly, the de-registration statute has automatic procedures in place as well. A juvenile is eligible to de-register if he or she successfully completes a deferred adjudication (as long as there aren't any subsequent sex cases). In all deferred adjudication cases, the court is required to, on its own, send out notice of de-registration sixty-three days prior to the end of the deferred adjudication. A juvenile is also eligible to petition to de-register after successful completion of a sentence involving an adjudication. In these cases, the court is again required to, on its own, send notice of de-registration sixty-three days prior to the end of the sentence. THE COURT IS REQUIRED TO SEND THESE NOTICES AUTOMATICALLY and start the de-registration process on behalf of the juvenile automatically. Courts are supposed to consider de-registration upon the completion of a deferred adjudication or sentence. Please make sure your courts are following the law regarding automatic de-registration petitions! See  § C.R.S. 16-22-113  or contact CJDC Board Member, Michael Juba at juba@hardyjuba.com for more information.
Did You Miss the 6th Annual Excellence in Juvenile Defense  Conference  this Year?
Were you in court, on the wait list, or just unable to make it to this year's 6th Annual Excellence in  Juvenile Defense Conference?  

Don't fret.  Six sessions of the conference were recorded and are available as a home study for 7.0 hours of CLE, including .9 ethics credits.  Order your home study recording HERE!  Recorded sessions include:
  • The Role of Counsel *EthicsPresenters explore ethical considerations for both the defense attorney and Guardian ad Litem in a juvenile delinquency case, as well as the interplay between them when they represent the same client and that client's best interest.
  • Education Advocacy I - Focusing on collaborating with schools to ensure the best outcomes for students, two education attorneys suggest how to advocate for students caught in the juvenile justice system. The presenters, one an attorney for parents and the other an attorney for schools, describe the disciplinary removal process as seen from "both sides."
  • Education Advocacy II - Delinquency charges do not occur in a vacuum, so comprehensive juvenile defense must include holistic and interdisciplinary strategies. This panel discusses how to integrate education advocacy - specifically, special education advocacy - into juvenile defense to identify gaps in disability services and bring them to the attention of prosecutors and the court. Learn how to help your clients obtain services and better access to education, and how to incorporate a client's educational access and history into mitigation.
  • Expungement and Deregistration - Learn about the juvenile sex offender registry and the collateral consequences associated with it. The presentation provides guidance in navigating onerous and confusing registration requirements, and the potential for reform. The presentation also provides guidance in navigating the new juvenile expungement law, and includes a discussion of some of the gaps that have surfaced as the law has begun to be implemented.
  • Direct File and Transfer Cases - The speakers engaged in an interactive discussion about the duty and role of both the GAL and the defense attorney to identify and advocate for the child's treatment needs in a direct file or transfer case. They also discussed services currently available in the juvenile justice system.  
  • Are You Ethically Advocating for Placement for Your Youth? - Advocacy for youth in placement can include a wide range of issues, from getting your client into placement and ensuring that it is the least restrictive and most appropriate placement, to ensuring that your client is not being abused by the caregivers who are responsible for his or her daily care. The presenters discuss these issues as well as issues around seclusion, restraints, and physical management. Further, the presenters explore the ethical obligations of GALs and defense attorneys to investigate whether their clients are safe in placement, and to raise these issues.
Denver Police Department Search School and Pull Gun on Staff Member
On Tuesday, April 24th, Denver Police Department officers conducted a search of Rise Up Community School that has parents, staff members, and students irate. Police officers were searching for a student, who they were told was not in attendance at the school on that day. Disregarding school staff, police officers drew their weapons and conducted a classroom by classroom search of the school. Police officers pulled a gun on a staff member, pushed another teacher aside, and seized students to compare them to a photo of the wanted juvenile suspect.

Lucas Ketzer, the principal, as well as students, teachers, and concerned community members attended a school board meeting to demand greater transparency from the Denver Public School district. DPS Superintendent Tom Boasherg apologized to the Rise Up students at the meeting. The district stated that it would be launching an investigation into the matter. Denver's top public safety official, and its independent monitor will also be opening an investigation into the incident.

The Colorado Juvenile Defender Center urges the school district to establish policies and protocols for handling these types of incidents in the future. District policies should make clear that the school site principal has ultimate administrative power and control over who enters a school campus and for what reasons. The district needs to empower its principals and make clear that police officers are subordinate to the authority of educators on our school campuses.
 
Read more about this incident:
3rd Edition Colorado
Juvenile Defense Manual is Here!

In 2013, we published the first  Colorado Juvenile Defense Manual which included 26 chapters on topics ranging from first appearances to school interrogations to special education. In 2015, we added 129 pages of information, including new chapters on expungement, sex offender registration and deregistration, and school discipline cases. Our 716-page 3rd edition manual, which introduces myriad case law and legislative updates across its 28 expansive chapters has arrived!

Order your 3rd Edition Colorado Juvenile Defense Manual online HERE!
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Free Training & Technical Support 

As a Training and Technical Assistance (TTA) provider for the Department of Justice's Office of Juvenile Justice and Delinquency Prevention (OJJDP), CJDC is acting as a regional resource center for juvenile defenders.  

If you are looking for training support, have a training need in your area, or need assistance in developing specialized CLE offerings for juvenile defense counsel, you can request assistance through OJJDP's TTA program HERE.
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