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Home Self Help Records of Persons Under Age 18 Involving Alcohol or Marijuana
Home Self Help Records of Persons Under Age 18 Involving Alcohol or Marijuana
Records of Persons Under Age 18 Involving Alcohol or Marijuana
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • My offense for being an underage person with alcohol, marijuana or marijuana paraphernalia happened on or after July 1, 2014. How do I seal my records?
    • 1. Determine whether you meet the requirements to seal your records.
      • The court will immediately seal your records, and you do not have to file anything with the court if:

        1.  Your case is dismissed;
        2.  Your case is dismissed after you successfully complete a deferred judgment and sentence or diversion; OR
        3.  This is your first conviction and you successfully complete court-ordered substance abuse education and pay any fines.

         

        If you have been convicted more than once, you will need to file paperwork with the court if you want to get your records sealed.  If you have been convicted more than once, you can file paperwork asking for your records to be sealed if:

        1.  It has been at least one year since the date of your conviction; AND
        2.  You have not been arrested for, charged with, or convicted of any felony, misdemeanor or petty offense during that one year period.

         

    • 2. Determine what information you need before you start your case.
      • Before you start your case, you need to get a copy of your criminal history from the Colorado Bureau of Investigation (CBI).  The criminal history records check must be conducted no more than 20 days before you file your paperwork with the court asking to seal your records.

        You must attach the copy of your criminal history to the paperwork you file with the court, or you must give it to the court no later than ten days after you file your paperwork with the court.

        You can print out a copy of your criminal history by going to www.cbirecordscheck.com. You can also go to the CBI in person at 690 Kipling Street, Suite 3000, Lakewood, CO 80215. The CBI's phone number is 303-239-4208.

        There will be a fee for getting your criminal history report. Check with the CBI about the amount of the fee.

    • 3. Determine where to file your case.
      • You should file the paperwork to seal your records with the same court where the conviction you want sealed is located, using the same case number.

    • 4. Fill out the paperwork to start your case.
      • You will be known as the Defendant or the Petitioner.

        Download and complete these forms:
        JDF 313(b) Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol, Marijuana by an Underage Person (MIP). or Possession of Marijuana Paraphernalia Pursuant to §18-13-122(13), C.R.S.
        JDF 314(b) Order Regarding the Sealing of Records Related to Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person (MIP), or Possession of Marijuana Paraphernalia Pursuant to §18-13-122(13), C.R.S.

        For detailed instructions on how to fill out these forms, review JDF 323 Instructions to File a Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person (MIP) or Possession of Marijuana Paraphernalia.

        You will use the case number from the case you want to seal when filling out this paperwork.

        JDF 313 Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol, Marijuana by an Underage Person (MIP), or Possession of Marijuana Paraphernalia Pursuant to §18-13-122(13), C.R.S. must be signed in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

        Fill out only the top caption part of JDF 314(b) Order Regarding the Sealing of Records Related to Illegal Possession or Consumption of Ethyl Alcohol, Marijuana by and Underage Person (MIP), or Possession of Marijuana Paraphernalia Pursuant to §18-13-122(13), C.R.S.. The court will fill out the rest.

        Take your completed forms to the clerk in the courthouse. Give the forms to the clerk to file your case. You will also give the clerk a copy of your criminal history report.  NOTE: You must file your criminal history report when you file your Petition or no later than ten days after the Petition is filed.

        There is no filing fee.

         

    • 5. Wait for the court to review your paperwork.
      • After the court makes a decision, you will get a signed copy of JDF 314(b) Order Regarding the Sealing of Records Related to Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by an Underage Person (MIP) or Possession of Marijuana Paraphernalia Pursuant to §18-13-122(13), C.R.S.

        If the court decides that your records can be sealed, you must mail or hand-deliver a copy of JDF 314(b) to all of the agencies listed on the form.  If you do not do this, it may mean that your records do not get sealed.

         

  • My offense for being an underage person with alcohol happened before July 1, 2014. How do I seal my records?
    • 1. Determine whether you meet the requirements to seal your records.
      • You can ask the court to seal your records if you meet both of these requirements:

        1.  It has been at least one year since the date of your conviction, dismissal of your case, completion of your deferred judgment, or the end of your deferred prosecution; AND

        2.  You have not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during that one year period.
         

         

         

    • 2. Determine where to file your case.
      • You should file the paperwork to seal your records with the same court where the case you want sealed is located, using the same case number.

    • 3. Fill out the forms to start your case.
      • You will be known as the Defendant or the Petitioner.

        Download and complete these forms:
        JDF 313(a) Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person (MIP) Pursuant to §18-13-122(10), C.R.S., as the statute existed prior to July 1, 2014,
        JDF 314(a) Order Regarding the Sealing of Records Related to Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person (MIP) Pursuant to §18-13-122(10), C.R.S., as the statute existed prior to July 1, 2014,

        For detailed instructions on how to fill out these forms, review JDF 323 Instructions to File a Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person (MIP).

        You will use the case number from the case you want to seal when filling out this paperwork.

        JDF 313(a) Petition to Seal Records Related to Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person (MIP) Pursuant to §18-13-122(10), C.R.S., as the statute existed prior to July 1, 2014, must be signed in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

        Fill out only the top caption part of JDF 314(a) Order Regarding the Sealing of Records Related to Illegal Possession or Consumption of Ethyl Alcohol or Marijuana by and Underage Person (MIP) Pursuant to §18-13-122(10), C.R.S. The court will fill out the rest.

        Take your completed forms to the clerk in the courthouse. Give the forms to the clerk to file your case.

        There is no filing fee.

    • 4. Wait for the court to review your paperwork.
      • After the court makes a decision, you will get a signed copy of JDF 314(a) Order Regarding the Sealing of Records Related to Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person (MIP) Pursuant to §18-13-122(13), C.R.S.

        If the court decides that your records can be sealed, you must mail or hand-deliver a copy of JDF 314(a) to all of the agencies listed on the form. If you do not do this, it may mean that your records do not get sealed.

  • I was convicted of underage drinking and driving. How do I seal my records?
    • 1. Determine whether you meet the requirements to seal your records.
      • You can ask the court to seal your records if:

        1.  Your court case has finished;
        2.  You are over 21 years old;
        3.  You were not convicted of any other offense related to driving under the influence while you were under 21 years old;
        4.  You have paid all of your fines, costs or restitution;
        5.  You have never held a commercial driver's license as defined in §42-2-402; AND
        6.  You were not driving a commercial motor vehicle as defined in §42-2-402 when the offense happened
         

    • 2. Determine where to file your case.
      • You should file your paperwork with the same court that handled your underage drinking and driving case.

    • 3. Fill out the forms to start your case.
      • You will be known as the Defendant or the Petitioner.

        Sealing of these types of records is known as Expungement.

         

        Download and complete these forms:
        JDF 305 Petition for Expungement Pursuant to §42-4-1715(1)(b)(I), C.R.S.
        JDF 306 Order to Expunge Pursuant to §42-4-1715(1)(b)(I), C.R.S.

         

        You will use the case number from the case you want to seal when filling out this paperwork.

        JDF 305 Petition for Expungement Pursuant to §42-4-1715(1)(b)(I), C.R.S. must be signed in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

        Fill out only the top caption part of JDF 306 Order to Expunge Pursuant to §42-4-1715(1)(b)(I), C.R.S.  The court will fill out the rest.

        Take your completed forms to the clerk in the courthouse. Give the forms to the clerk to file your case.

        There is no filing fee.

    • 4. Wait for the court to review your paperwork
      • * If the court decides that your records should be sealed, the court will send you a signed copy of JDF 306 Order to Expunge Pursuant to §42-4-1715(1)(b)(I), C.R.S.

        * You must mail or hand-deliver a copy of the signed JDF 306 Order to Expunge Pursuant to §42-4-1715(1)(b)(I), C.R.S. to all of the agencies listed on the Order form. If you do not do this, it may mean that your records do not get sealed.

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