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    Colorado Juvenile Sex Offender Registration and De-registration – Pursuant to §16-22-113, C.R.S

    By Colorado Juvenile Sex Crimes Defense Lawyer – H. Michael Steinberg

    Introduction – Juvenile sex crimes are treated very differently in Colorado than adult sex crimes.  One area is in the expungement of these records. This page addresses that process.

    This area of Colorado law is governed by this statute: to §16-22-113, C.R.S

    Are You Eligible To Expunge Your Juvenile Record?

    The actual law is below- Here is a summary of the law – In the form of questions suggested by the State of Colorado on the ACTUAL PETITION FORM… in this form it is the easiest to understand – you just plug your situation into the question …

    Here are the questions:

    Deferred Judgements or Deferred Adjudications:

    I successfully completed the terms and conditions of a deferred adjudication or deferred sentence for an offense involving unlawful sexual behavior or for an offense involving the factual basis of unlawful sexual behavior. The case has been dismissed. I have not been subsequently convicted or adjudicated for any offense involving unlawful sexual behavior; or

    Juvenile Adjudications:

    I was less than 18 years of age at the time I was adjudicated a juvenile delinquent for an offense involving unlawful sexual behavior or for an offense involving the factual basis of unlawful sexual behavior. I have successfully completed the terms and conditions of my sentence related to that offense. I have not been subsequently convicted or adjudicated a juvenile delinquent for any offense involving unlawful sexual behavior. I am also petitioning to have my name removed from the Sex Offender Registry; or

    5 Years After Certain Convictions

    The offense for which I was required to register was a misdemeanor other than unlawful sexual contact or third degree sexual assault and it has been five years since my final release from the jurisdiction of the Court or discharge from the Department of Corrections. I have not been subsequently convicted or adjudicated for any offense involving unlawful sexual behavior; or

    10 Years After Certain Convictions

    The offense for which I was required to register was a class 4, 5, or 6 felony or was a class 1misdemeanor of unlawful sexual contact or third degree sexual assault and it has been 10 years since my final release from the jurisdiction of the Court or discharge from the Department of Corrections. I have not been subsequently convicted or adjudicated for any offense involving unlawful sexual behavior; or

    20 Years After Certain Convictions

    The offense for which I was required to register was a class 1, 2 or 3 felony and it has been 20 years since my final release from the jurisdiction of the court or discharge from the Department of Corrections.  I have not been subsequently convicted or adjudicated for any offense involving unlawful sexual behavior.

    Timing- Deadlines

    The ability to file the Petition to Deregister begins when the Petitioner has finished his/her – sentenced – discharged from your sentence. If you meet the following criteria you are eligible to Petition the court to discontinue your registration as a sex offender

    Summary of the Law:

    (1) If the Conviction Offense is a Class 1, 2, 3 Felony you must Register for 20 years.

    (2) If the Offense you were Convicted of was a Class 4, 5, 6 Felony or Class 1 Misdemeanor, Unlawful Sexual Contact or Sexual Assault in the 3 rd degree, you must Register for 10 years.

    (3) If the Offense you were Convicted of was a Any Other Misdemeanor, you must Register for 5 years.

    (4) If your disposition is to a Deferred Sentence or the conviction was obtained when you were a Juvenile, you have the opportunity to file the Petition to Discontinue Sex Offender Registration as soon as you have successfully completed the stipulations of your sentence and the case has been dismissed.

    This opportunity is available only to those who have not , prior to this sentence, been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior.

    Under C.R.S. § 16-22-113, those individuals subject to Lifetime Registration can NEVER De-register.

    Those individual’s are

    (1) Any person who is a Sexually Violent Predator

    (2) Any person convicted of the following

    a. Sexual Assault or Sexual Assault in the First Degree under C.R.S. § 18-3-402.

    b. Sexual Assault in the Second Degree under C.R.S. § 18-3-403.

    c. Sexual Assault on a Child under C.R.S. § 18-3-405

    d. Sexual Assault on a Child by One in a Position of Trust under C.R.S. § 18-3-403.5.

    e. Sexual Assault on a Client by a Psychotherapist under C.R.S. § 18.3.405.5.

    f. Incest under C.R.S. § 18-6-301.

    g. Aggravated Incest under C.R.S. § 18-6-302.

    (3) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction.

    The law – 16-22-113 – (addresses both adults and children)

    § 16-22-113. Petition for removal from registry

    (1) Except as otherwise provided in subsection (3) of this section, any person required to register pursuant to section 16-22-103 or whose information is required to be posted on the internet pursuant to section 16-22-111 may file a petition with the court that issued the order of judgment for the conviction that requires the person to register for an order to discontinue the requirement for such registration or internet posting, or both, as follows:

    (a) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 1, 2, or 3 felony, after a period of twenty years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

    (b) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a class 4, 5, or 6 felony or the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of ten years from the date of such person’s discharge from the department of corrections, if such person was sentenced to incarceration, or discharge from the department of human services, if such person was committed, or final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

    (c) Except as otherwise provided in paragraphs (d), (e), and (f) of this subsection (1), if the offense that required such person to register constituted or would constitute a misdemeanor other than the class 1 misdemeanor of unlawful sexual contact, as described in section 18-3-404, C.R.S., or sexual assault in the third degree as described in section 18-3-404, C.R.S., as it existed prior to July 1, 2000, after a period of five years from the date of such person’s final release from the jurisdiction of the court for such offense, if such person has not subsequently been convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior;

    (d) If the person was required to register due to being placed on a deferred judgment and sentence or a deferred adjudication for an offense involving unlawful sexual behavior, after the successful completion of the deferred judgment and sentence or deferred adjudication and dismissal of the case, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (a) of subsection (1.3) of this section;

    (e) If the person was younger than eighteen years of age at the time of disposition or adjudication, after the successful completion of and discharge from the sentence, if the person prior to such time has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior and the court did not issue an order either continuing the duty to register or discontinuing the duty to register pursuant to paragraph (b) of subsection (1.3) of this section. Any person petitioning pursuant to this paragraph (e) may also petition for an order removing his or her name from the sex offender registry. In determining whether to grant the order, the court shall consider whether the person is likely to commit a subsequent offense of or involving unlawful sexual behavior. The court shall base its determination on recommendations from the person’s probation or community parole officer, the person’s treatment provider, and the prosecuting attorney for the jurisdiction in which the person was tried and on the recommendations included in the person’s presentence investigation report. In addition, the court shall consider any written or oral testimony submitted by the victim of the offense for which the petitioner was required to register. Notwithstanding the provisions of this subsection (1), a juvenile who files a petition pursuant to this section may file the petition with the court to which venue is transferred pursuant to section 19-2-105, C.R.S., if any.

    (f) If the information about the person was required to be posted on the internet pursuant to section 16-22-111(1) (d) only for failure to register, if the person has fully complied with all registration requirements for a period of not less than one year and if the person, prior to such time, has not been subsequently convicted of unlawful sexual behavior or of any other offense, the underlying factual basis of which involved unlawful sexual behavior; except that the provisions of this paragraph (f) shall apply only to a petition to discontinue the requirement for internet posting.

    (1.3)(a) If a person is eligible to petition to discontinue his or her duty to register pursuant to paragraph (d) of subsection (1) of this section, the court, at least sixty days before dismissing the case, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the person, and the victim of the offense for which the person was required to register, if the victim has requested notice and has provided current contact information, that the court will consider whether to order that the person may discontinue his or her duty to register when the court dismisses the case as a result of the person’s successful completion of the deferred judgment and sentence or deferred adjudication. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense object, or if the person requests a hearing. If the court enters an order discontinuing the person’s duty to register, the person shall send a copy of the order to each local law enforcement agency with which the person is registered and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the person’s duty to register.

    (b)(I) If a juvenile is eligible to petition to discontinue his or her duty to register pursuant to paragraph (e) of subsection (1) of this section, the court, at least sixty days before discharging the juvenile’s sentence, shall notify each of the parties described in paragraph (a) of subsection (2) of this section, the juvenile, and the victim of the offense for which the juvenile was required to register, if the victim has requested notice and has provided current contact information, that the court shall consider whether to order that the juvenile may discontinue his or her duty to register when the court discharges the juvenile’s sentence. The court shall set the matter for hearing if any of the parties described in paragraph (a) of subsection (2) of this section or the victim of the offense object, or if the juvenile requests a hearing, and shall consider the criteria in paragraph (e) of subsection (1) of this section in determining whether to continue or discontinue the duty to register. If the court enters an order discontinuing the juvenile’s duty to register, the department of human services shall send a copy of the order to each local law enforcement agency with which the juvenile is registered, the juvenile parole board, and to the CBI. If the victim of the offense has requested notice, the court shall notify the victim of its decision either to continue or discontinue the juvenile’s duty to register.

    (II) If a juvenile

    is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services may petition the court to set a hearing pursuant to paragraph (e) of subsection (1) of this section at least sixty days before the juvenile is scheduled to appear before the juvenile parole board.

    (III) If a juvenile is eligible to petition to discontinue his or her registration pursuant to paragraph (e) of subsection (1) of this section and is under the custody of the department of human services and yet to be released on parole by the juvenile parole board, the department of human services, prior to setting the matter for hearing, shall modify the juvenile’s parole plan or parole hearing to acknowledge the court order or petition unless it is already incorporated in the parole plan.

    (1.5) If the conviction that requires a person to register pursuant to the provisions of section 16-22-103 was not obtained from a Colorado court, the person seeking to discontinue registration or internet posting or both may file a civil case with the district court of the judicial district in which the person resides and seek a civil order to discontinue the requirement to register or internet posting or both under the circumstances specified in subsection (1) of this section.

    (2)(a) Prior to filing a petition pursuant to this section, the petitioner shall notify each of the following parties by certified mail of the petitioner’s intent to file a request pursuant to this section:

    (I) Each local law enforcement agency with which the petitioner is required to register;

    (II) The prosecuting attorney for the jurisdiction in which each such local law enforcement agency is located; and

    (III) The prosecuting attorney who obtained the conviction for which the petitioner is required to register.

    (b) When filing the petition, the petitioner shall attach to the petition copies of the return receipts received from each party notified pursuant to paragraph (a) of this subsection (2).

    (c) Upon the filing of the petition, the court shall set a date for a hearing and shall notify the victim of the offense for which the petitioner was required to register, if the victim of the offense has requested notice and has provided current contact information. If the court enters an order discontinuing the petitioner’s duty to register, the petitioner shall send a copy of the order to each local law enforcement agency with which the petitioner is registered and the CBI. If the victim of the offense has requested notice, the court shall notify the victim of the offense of its decision either to continue or discontinue the petitioner’s duty to register.

    (d) On receipt of a copy of an order discontinuing a petitioner’s duty to register:

    (I) The CBI shall remove the petitioner’s sex offender registration information from the sex offender registry; and

    (II) If the local law enforcement agency maintains a local registry of sex offenders who are registered with the local law enforcement agency, the local law enforcement agency shall remove the petitioner’s sex offender registration information from the local sex offender registry.

    (3) The following persons shall not be eligible for relief pursuant to this section, but shall be subject for the remainder of their natural lives to the registration requirements specified in this article or to the comparable requirements of any other jurisdictions in which they may reside:

    (a) Any person who is a sexually violent predator;

    (b) Any person who is convicted as an adult of:

    (I) Sexual assault, in violation of section 18-3-402, C.R.S., or sexual assault in the first degree, in violation of section 18-3-402, C.R.S., as it existed prior to July 1, 2000, or sexual assault in the second degree, in violation of section 18-3-403, C.R.S., as it existed prior to July 1, 2000; or

    (II) Sexual assault on a child, in violation of section 18-3-405, C.R.S.; or

    (III) Sexual assault on a child by one in a position of trust, in violation of section 18-3-405.3, C.R.S.; or

    (IV) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.; or

    (V) Incest, in violation of section 18-6-301, C.R.S.; or

    (VI) Aggravated incest, in violation of section 18-6-302, C.R.S.;

    (c) Any adult who has more than one conviction or adjudication for unlawful sexual behavior in this state or any other jurisdiction

    Some Additional Instructions:

    The notification is done through an intent document that must be mailed by certified mail to each of the following: law enforcement agencies with which the Petitioner is required to register, the prosecuting attorney for the jurisdiction in which such law enforcement is located, and the prosecuting attorney who obtained the adjudication or disposition requiring the registration.

    When the Petition is filed, you shall attach to the Petition return receipts from each party who was notified with the intent form. 

    The Petition is to be filed in the case in which you were adjudicated or entered a guilty plea in a Colorado Court that requires you to register or you may file the Petition with the Court where venue is transferred.

    If the adjudication or disposition that requires you to register was not obtained from a Colorado Court, you may file a civil juvenile case with the District Court in the County where you reside and pay the appropriate filing fee. If you are required to register in Denver County, you may file in Denver Juvenile Court.

    To determine if you are eligible to petition the Court, review the sentencing documents along with §16-22-113, C.R.S. to determine if the offense constitutes a felony or misdemeanor.

    The Forms You NEED To File and the Steps You – or Your Lawyer Need To Take According To The State of Colorado:

    JDF 461  Petition to Discontinue Sex Offender Registration

    JDF 462  Notice of Hearing of Petition

    JDF 463 Order to Discontinue Sex Offender Registration

    JDF 472 Notice of Intent to Discontinue Sex Offender Registration

    JDF 479 Certificate of Mailing (Discontinue Sex Offender Registration)

    Step 1: omplete the checklist (JDF 460) and applicable forms whether you are filing to discontinue registration for a Colorado or a non-Colorado juvenile adjudication or disposition.

    Checklist (JDF 460).

    The checklist shall list all law enforcement agencies that you have registered with, any treatment providers, your probation or parole officer, and contact person at the Division of Youth Corrections, if applicable.

    Petition to Discontinue Sex Offender Registration – Colorado Conviction or Juvenile Adjudication or Disposition (JDF 461) or Petition to Discontinue Sex Offender Registration – non-Colorado Conviction or Juvenile Adjudication or Disposition (JDF 473).

    Complete all sections on the applicable Petition. 

    Attach to the Petition the Pre-Petition Notice of Intent Form (JDF 472) along with the returned receipts from each party notified.

    Sign the Petition in the presence of a Court Clerk or Notary Public.

    Notice of Hearing on Petition – Colorado Juvenile Adjudication or Disposition (JDF 462) or Notice of Hearing on Petition – non-Colorado Juvenile Adjudication or Disposition (JDF 474).

    Complete the caption only on the applicable Notice.  The Court will complete the remaining portion of the Notice of Hearing.

    Send the Petition and Notice of Hearing to the Prosecuting Attorney who obtained the conviction and to the Prosecuting Attorney for the jurisdiction where registration is required and where law enforcement is located.

    Complete the Certificate of Mailing (JDF 479) and attach the return receipts/certified mailer for the Prosecuting Attorney’s Office.  

    The Certificate of Mailing (JDF 479) must be filed with the Court on or before the date of the hearing.

    Order to Discontinue Sex Offender Registration – Colorado Conviction or Juvenile Adjudication or Disposition (JDF 463) or Order to Discontinue Sex Offender Registration – non-Colorado Conviction or Juvenile Adjudication or Disposition (JDF 475). 

    Complete the caption only on the applicable Order.  The Court will complete the applicable sections following the hearing.

    Step 2: File Documents with the Court.

    Check with the Court to determine if they require all completed forms at the time of filing and if they have any additional filing requirements.

    You have the return receipts from each party who was notified with the Pre-Petition of Intent to Discontinue Sex Offender Registration (JDF 472).  The return receipts should be attached to JDF 472.

    You have completed the appropriate forms identified in Step 1, based on your individual circumstances.  You are now ready to file your case with the Court.

    Pay the filing fee, if applicable. 

    Provide a self-addressed stamped envelope for the Court to mail the Notice of Hearing. 

    Step 3: Be prepared for your Hearing. 

    File on or before the hearing date a completed Certificate of Mailing (JDF 479) along with the return receipts/certified mailer for the Prosecuting Attorney’s Office.

    You may be asked questions about your request to discontinue registering as a sex offender. 

    You may need the necessary documentation or testimony at the hearing to support your request. 

    The Order granting or denying your request will be signed at the end of the hearing.

    Step 4: After the Hearing.   

    If the Court enters an order discontinuing your duty to register, it is your responsibility to provide a copy of the Order to each local law enforcement agency listed in the Petition and to the Colorado Bureau of Investigation at 690 Kipling, Denver, CO 80215. 

    The Court will provide one certified copy of the Order at no cost.  Contact the clerk’s office if you need additional copies. You are responsible to pay for any additional copies.  

    The Court will notify each victim in writing of its decision either to continue or discontinue the Petitioner’s duty to register, if the victim has requested notification.


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    ___________________________
    H. Michael Steinberg Esq.
    Attorney and Counselor at Law
    The Colorado Criminal Defense Law Firm of H. Michael Steinberg
    A Denver, Colorado Lawyer Focused Exclusively On
    Colorado Criminal Law For Over 40 Years.
    The Edward Building
    8400 East Prentice Ave, Penthouse 1500
    Greenwood Village, Colorado, 80111
    E-Mail:  [email protected]
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