Rule 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.Adopted by the Court, En Banc, May 20, 2021, effective 7/1/2021.COMMENT
C.R.C.P. 242.43(b) governs only how the Regulation Committee and the Regulation Counsel should respond to an inquiry concerning 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 requirements may govern how a lawyer should respond depending on the context in which the inquiry arises.