(1) For the purposes of this section, "expungement" is defined in section 19-1-103 (48). Upon the entry of an expungement order, the person, agency, and court may properly indicate that no record exists.
(2)
(a) The court shall advise any person of the right to petition the court for the expungement of such person's record at the time of adjudication, or the court, on its own motion or the motion of the juvenile probation department or the juvenile parole department, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.
(b) Expungement shall be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that said record has been designated as expunged.
(3) Basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear from the records, shall not be open to the public but shall be available to a district attorney, local law enforcement agency, and the department of human services; except that such information shall not be available to an agency of the military forces of the United States.
(4) Records designated as expunged may only be inspected by order of the court, after a hearing and good cause shown. Notice of said hearing shall be given to all interested parties at least five days in advance of such hearing.
(5)
(a) Expungement proceedings shall be initiated by the filing of a petition in the appropriate juvenile court requesting an order of expungement. No filing fee shall be required. Any record that is ordered expunged shall, notwithstanding any such order for expungement, be available to any judge and the probation department for use in any future juvenile or adult sentencing hearing regarding the person whose record was expunged.
(b) Upon the filing of a petition, the court shall set a date for a hearing on the petition for expungement and shall notify the appropriate prosecuting agency and anyone else whom the court has reason to believe may have relevant information related to the expungement of the record.
(c)
The court may order expunged all records in the petitioner's case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that:
(I) The petitioner who is the subject of the hearing has not been convicted of a felony or of a misdemeanor and has not been adjudicated a juvenile delinquent since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision;
(II) No proceeding concerning a felony, misdemeanor, or delinquency action is pending or being instituted against the petitioner;
(III) The rehabilitation of the petitioner has been attained to the satisfaction of the court; and
(IV) The expungement is in the best interests of the petitioner and the community.
(6) A person is eligible to petition for an expungement order:
(a) Immediately upon a finding of not guilty at an adjudicatory trial;
(b) One year from:
(I) The date of a law enforcement contact that did not result in a referral to another agency;
(II) The completion of a juvenile diversion program or informal adjustment;
(c) Four years from the date of:
(I) The termination of the court's jurisdiction over the petitioner;
(II) The petitioner's unconditional release from commitment to the department of human services; or
(III) The petitioner's unconditional release from parole supervision;
(IV) (Deleted by amendment, L. 96, p. 1163, § 6, effective January 1, 1997.)
(d) Ten years from the date of the termination of the court's jurisdiction over the juvenile or the juvenile's unconditional release from parole supervision, whichever date is later, if the juvenile has been adjudicated a repeat or mandatory juvenile offender and if the juvenile has not further violated any criminal statute.
(7) The following persons are not eligible to petition for the expungement of any juvenile record:
(a) Any person who has been adjudicated as an aggravated juvenile offender or a violent juvenile offender;
(b) Any person who has been adjudicated for an offense that would constitute a crime of violence under section 18-1.3-406, C.R.S., had the person been an adult at the time the offense was committed;
(c) Any person who, as a juvenile, has been charged by the direct filing of an information in the district court or by indictment pursuant to section 19-2-517, unless the person was sentenced as a juvenile in the same matter;
(d) Any person who has been adjudicated for an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.
(8) A person may file a petition with the court for expungement of his or her record only once during any twelve-month period.
(9) Repealed.