People v. Chronis

2025 COA 72
Colorado Court of Appeals·Decided August 14, 2025·No. 23CA1376·Published

Opinion

The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion.

SUMMARY August 14, 2025

2025COA72

No. 23CA1376, People v. Chronis — Criminal Law — Sex Offender Registration — Petition for Removal from Registry — Lifetime Mandatory Registration — Adjudications as a Juvenile; Constitutional Law — Eighth Amendment — Cruel and Unusual Punishments — Ex Post Facto Clause

As matters of first impression, a division of the Colorado Court

of Appeals holds that lifetime registration under the Colorado Sex

Offender Registration Act’s section 16-22-113(3), C.R.S. 2024,

because of a juvenile adjudication and an adult conviction does not

implicate the Ex Post Facto Clause and does not constitute an

unconstitutional punishment under the Eighth Amendment.

The division also holds that a district court may consider an

expunged juvenile adjudication when determining whether to grant

a petition for deregistration as a sex offender under section 16-22-

113(3)(c), provided the applicable expungement statute permits the

court to review the expunged adjudication. COLORADO COURT OF APPEALS 2025COA72

Court of Appeals No. 23CA1376 Jefferson County District Court No. 09CR2302 Honorable Meegan A. Miloud, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Patrick Chronis,

Defendant-Appellant.

ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS

Division II Opinion by JUDGE FOX Harris and Schutz, JJ., concur

Announced August 14, 2025

Philip J. Weiser, Attorney General, Claire V. Collins, Assistant Attorney General, Leo T. Nguyen, Assistant Attorney General Fellow, Denver, Colorado, for Plaintiff-Appellee

Springer and Steinberg, P.C., Harvey A. Steinberg, Taylor Ivy, Denver, Colorado, for Defendant-Appellant ¶1 Defendant, David Patrick Chronis, appeals the district court’s

denial of his petition to discontinue sex offender registration. He

has an expunged juvenile adjudication for a charge with an

underlying factual basis involving unlawful sexual behavior and an

adult conviction for a sex offense. We reverse the district court’s

order and remand for the court to hold a hearing to determine if

good cause exists to inspect Chronis’ expunged juvenile

adjudication record.

I. Background

¶2 In 2009, Chronis engaged in sexually explicit conversations

online and over the phone with an undercover investigator posing

as an underage teenage girl. After Chronis arranged a meeting with

the undercover officer, he was arrested. Chronis was charged with

(1) internet luring of a child; (2) internet sexual exploitation of a

child; and (3) criminal attempt to commit sexual assault on a child.

Chronis ultimately pleaded guilty to criminal attempt (internet

luring of a child), a class 5 felony; in exchange, the other charges

were dismissed. On June 1, 2010, the district court sentenced

Chronis to two years of probation, requiring him to register as a sex

1 offender. Chronis’ probation officer later recommended terminating

his probation, and the court did so on May 24, 2012.

¶3 On July 21, 2022, Chronis petitioned to discontinue his sex

offender registration, certifying that section 16-22-113(3), C.R.S.

2024 — which mandates lifetime registration for some offenders —

did not make him ineligible for deregistration. He also certified that

it had been ten years since his conviction, and he had not been

convicted of any subsequent crime involving unlawful sexual

behavior. See § 16-22-113(1)(b).

¶4 A probation supervisor, responding to an inquiry from the

court, initially supported Chronis’ petition. But the probation

supervisor soon amended that support, informing the court that

Chronis did not qualify for deregistration because of a 1991 juvenile

adjudication in Denver Juvenile Court Case No. 91JD1752.

¶5 The district court held a hearing on November 1, 2022, noting

that it did not have much information concerning the basis for the

1991 adjudication and that the case had been expunged. But the

court also noted that, regardless of the adjudication’s expungement,

Chronis was ineligible for deregistration under section

16-22-113(3)(c) if the adjudication involved unlawful sexual

2 behavior. The prosecution represented that it would investigate the

basis for the 1991 adjudication, so the court continued the matter.

The prosecution responded later that day and requested that

Chronis’ petition be denied because, in the 1991 adjudication,

Chronis pleaded guilty to “sexual assault in the third degree,” a

class 1 misdemeanor, rendering him ineligible for deregistration.

The record does not show that the court ruled on the matter.

¶6 In July 2023, Chronis again petitioned for deregistration on

the same grounds and requested a hearing. Chronis argued that

expunged adjudications do not preclude deregistration under

section 16-22-113(3)(c), and because his record in the 1991 case

was expunged in 1995, he could deregister. The prosecution again

opposed the petition, arguing that an expunged adjudication for an

offense based on unlawful sexual behavior prohibited

deregistration.

¶7 The court denied Chronis’ petition without a hearing, and this

appeal followed.

II. Issues on Appeal

¶8 Chronis contends that the plain language of section 16-22-

113(3)(c), considered in the context of the Colorado Sex Offender

3 Registration Act (CSORA), §§ 16-22-101 to -115, C.R.S. 2024, does

not prohibit deregistration based on expunged adjudications.

Chronis argues that expungement erases an adjudication, and

therefore it cannot provide a legal basis to deny deregistration

where the petitioner “has a conviction as an adult and one or more

adjudications as a juvenile for unlawful sexual behavior.” § 16-22-

113(3)(c) (emphasis added).

¶9 Further, Chronis highlights that section 16-22-113(3)(c) refers

to adjudications “for unlawful sexual behavior or for any other

offense, the underlying factual basis of which is unlawful sexual

behavior pursuant to section 16-22-103(2),” C.R.S. 2024. (Emphasis

added.) And, Chronis notes, section 16-22-103(2)(a) specifies that

registration is required for convictions “[o]n and after July 1, 1994,”

for unlawful sexual behavior, and that section 16-22-103(2)(c)(I)

adds new criteria for those convicted “on or after July 1, 2002.” His

expunged 1991 plea, he says, does not satisfy the statute.

¶ 10 Chronis contends that section 16-22-113(3)(c) only prohibits

deregistration when a petitioner has prior offenses resulting in

convictions “[o]n or after July 1, 1994,” or adjudications “on or after

July 1, 2002,” requiring registration. Chronis adds that construing

4 the statutes to require lifetime registration based on an old and

expunged juvenile adjudication would create an unconstitutional ex

post facto punishment.

¶ 11 Finally, Chronis argues that, if the plain language of the

statutes does not resolve the issue, then we should apply the rule of

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