CO · rules
C.R.C.P. 242.43
Expungement of Records
(a) Records Subject to Expungement. Except for records of proceedings that have
become public under C.R.C.P. 242.41, all records of proceedings that were dismissed must
be expunged from the files of the Regulation Committee and the Regulation Counsel five
years after the end of the calendar year in which the dismissal occurred. When a
respondent successfully completes a diversion agreement in a disciplinary proceeding that
did not result in the filing of a complaint, all files and records from that proceeding must
be expunged five years after the end of the calendar year in which the diversion was
completed. But if a new request for investigation is filed against the respondent before an
existing diversion file is expunged, the Regulation Counsel may wait to expunge the file
until the new proceeding has been resolved. Files and records that notify the Regulation
Counsel of a lawyer’s conviction of a crime need not be expunged.
(b) Effect of Expungement. The Regulation Committee and the Regulation Counsel
must respond to any general or specific inquiry concerning the existence of a proceeding
the records of which have been expunged by stating that no record of a proceeding exists.
(c) Extension of Time to Retain Records. The Regulation Counsel may apply in
writing to the Regulation Committee for permission to retain files and records that would
otherwise be expunged under this section 242.43 for an additional period of time not to
exceed three years. After giving the lawyer in question notice and an opportunity to
respond in writing, the Regulation Committee may grant the request on a finding of good
cause. Through the same procedure, the Regulation Committee may grant additional
extensions.
History
Source: Entire rule and comment added and adopted May 20, 2021, effective for cases filed with the Presiding Disciplinary Judge or the Supreme Court on or after July 1, 2021, and, as to all other matters covered by these rules, effective July 1, 2021. COMMENT C.R.C.P. 242.43(b) governs only how the Regulation Committee and the Regulation Counsel should respond to an inquiry concern- ing the existence of proceedings the records of which have been expunged. That subsection does not address how lawyers should respond to such an inquiry. Other legal authorities or re- quirements may govern how a lawyer should respond depending on the context in which the inquiry arises. RULE 243. Rules Governing Lawyer Disability Proceedings
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
5428be03f439cd8f22bebc187d299d276c651f8dfc1fe8fea136468fa511dd91
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