Rule 251.33.Expunction of Records 
 (a)Expunction - Self-Executing. 
 Except for records 
 relating to proceedings that have become public pursuant to 
 C.R.C.P. 251.31, all records relating to proceedings conducted 
 pursuant to these Rules, which proceedings were dismissed, 
 shall be expunged from the files of the committee, the 
 Presiding Disciplinary Judge, 
 and Regulation Counsel three years after the end 
 of the year in which the dismissal occurred. 
  
 (b)Definition. 
 The terms "expunge" and "expunction" 
 shall mean the destruction of all records or other evidence of 
 any type, including, but not limited to, the request for 
 investigation, the response, Investigator's notes, and the report of investigation. 
  
 (c)Notice to Respondent. 
 If proceedings conducted 
 pursuant to these Rules (or their predecessor) were commenced, 
 the attorney in question shall be given prompt notice of the expunction. 
  
 (d)Effect of Expunction. 
 After expunction, the 
 proceedings shall be deemed never to have occurred. Upon 
 either general or specific inquiry concerning the existence of 
 proceedings which have been expunged, the committee or the 
 Regulation Counsel shall respond by stating that no record of 
 the proceedings exists. The attorney in question may properly 
 respond to any general inquiry about proceedings which have 
 been expunged by stating that no record of the proceedings 
 exists. The attorney in question may properly respond to any 
 inquiry requiring reference to a specific proceeding which has 
 been expunged by stating only that the proceeding was 
 dismissed and that the record of the proceeding was expunged 
 pursuant to this Rule. After a response as provided in this 
 Rule is given to an inquirer, no further response to an 
 inquiry into the nature or scope of the proceedings which have 
 been expunged need be made. 
  
 (e) Retention of Records. 
 Upon written application to 
 the committee, for good cause and with written notice to the 
 attorney in question and opportunity to such attorney to be 
 heard, the Regulation Counsel may request that records which 
 would otherwise be expunged under this Rule be retained for 
 such additional period of time not to exceed three years as 
 the committee deems appropriate. The Regulation Counsel may 
 seek further extensions of the period for which retention of 
 the records is authorized whenever a previous application has been granted. 
  
 

                                                                
ANNOTATIONSSource: 
 Amended and adopted June 25, 1998, effective January 1, 1999; 
 entire rule amended and effective September 1, 2000. 
  
  
  
 Editor's note: 
 This rule was previously numbered as 
 241.26.