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[av_heading heading=’Larimer County Expungement Project’ tag=’h2′ style=’blockquote modern-quote’ size=’30’ subheading_active=” subheading_size=’15’ padding=’0′ color=” custom_font=”][/av_heading]
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*fill out all fields marked in red & email to [email protected]
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“There is a very fundamental difference between a criminal proceeding and a delinquency proceeding, and the clear legislative intent is that the handling of juvenile delinquents should be oriented towards rehabilitation and reformation, and not punishment as such.” Colorado Supreme Court
A person can have a very positive experience in Juvenile Court. They can receive treatment, support and connect with lifetime mentors. A young person can gain insight on how the American system of justice operates. A teenager can learn accountability to their community. However, a juvenile record can have lasting negative collateral consequences. Juvenile records remain accessible even if a case is closed or dismissed, unless the Court has signed an Order of Expungement of Juvenile Records. An Order of Expungement allows you, the law enforcement agencies involved in your case, and the Court to indicate if asked about a juvenile record that no record exists.
The good news is that there has been a significant change in the laws regarding the Expungement of juvenile records in Colorado affecting possibly thousands of people in Larimer County. The time required to pass before a person becomes eligible to expunge their juvenile records has been drastically reduced. The new time frames are the following:
You are eligible to petition for an expungement order:
1. Immediately upon the following circumstances: a finding of not guilty at an adjudicatory trial; dismissal of the petition in its entirety as a result of non-prosecution of the offense; or successful completion of a juvenile diversion program, a deferred adjudication, or an informal adjustment.
2. One year from the date of the following occurrences: a law enforcement contact that did not result in a referral to another agency; or the termination of the Court’s jurisdiction over you after adjudication and successful completion of probation.
3. Three years from the date of the following occurrences: your unconditional release from commitment to the Department of Human Services; or your unconditional release from parole supervision.
4. Five years from the date of the termination of the Court’s jurisdiction over you or your unconditional release from probation or parole supervision, whichever date is later, if you have been adjudicated a repeat or mandatory juvenile offender and if you have not further violated any criminal statute.
THE PROBLEM IS THAT THE VAST MAJORITY OF PEOPLE WHO HAVE PASSED THROUGH JUVENILE COURT SUCCESFULLY EITHER ARE UNAWARE OF THE NECESSITY OF BEING PROATIVE TO EXPUNGE THEIR JUVENILE RECORD, DO NOT KNOW THAT THE LAW HAS CHANGED TO MAKE THEM ELLIGIBLE, OR LACK THE LEGAL COUNSEL TO UNDERSTAND THE EXPUNGEMENT PROCEDURE.
Therefore, the juvenile law attorneys at Schwartz and Waible are initiating a pro bono expungement service to eligible children and adults who have experienced a delinquency case in Larimer County Juvenile Court. The Larimer County Expungement Project is a community outreach program intended to educate people on the benefits of the Expungement process and the positive recent changes by the Colorado Legislature in the area of juvenile law. The goal of the Larimer County Expungement Project is to help people close a challenging chapter of their lives, protect their privacy interests, and move forward in their future endeavors with confidence.
To be eligible for the Larimer County Expungement Project, a person must have SUCCESFULLY:
A. Completed the district attorney’s diversion program
B. Had their case dismissed after a guilty plea pursuant to a deferred adjudication
C. Completed juvenile probation after adjudication and one year has passed
D. The original sentence or program must be completely over and the court must no longer maintain any jurisdiction over the person.
E. All costs, fees and restitution must be paid.
F. All terms and conditions of the Juvenile Court orders must have been successfully completed
G. No subsequent charges against a potential petitioner as a child or adult short of a minor traffic violation.
HOW TO APPLY
- Fill out the required fields on the Petition to Expunge Juvenile Records
- Submit the Petition to the Law Offices of Schwartz and Waible via e-mail to [email protected] Please include the subject line “LCEP” in the e-mail.
- You will be contacted within 72 hours regarding whether your application to the Larimer County Expungement Project has been accepted or denied.
- If you are accepted to the Larimer County Expungement Project, you will not be charged any legal fees. However there is a $20.00 filing fee that must be paid by the petitioner.
- Accepted petitioners will be required to attend a mandatory hearing before the juvenile magistrate. A staff member from Schwartz and Waible will notify you regarding the date and time of the hearing.
- If you are rejected, you will receive a notice, explanation and advisement on whether you are still eligible to have your juvenile record expunged. You may be ineligible for the Larimer County
- Expungement Project but still eligible to have your juvenile record or even adult record expunged or sealed.