Can I have a deferred case sealed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I have a deferred case sealed?
I was arrested for a Felony Menacing. I took a plea agreement and a deferred sentence was granted and successfully completed. After researching, upon satisfaction and completion of the deferred sentence my plea of guilt should have been withdrawn and the relevant charges which were deferred should have been dismissed. I just wanted to know if I am in fact eligible to expunge and seal these records before I investigate to make sure that the charge have been withdrawn and dismissed so I can start the process of sealing these records? Offence Date 11/20/2000 Arrest Date 11/25/2000 Case Closed 03/22/2001 Termination of Probation 4/3/2003
Asked on September 22, 2010 under Criminal Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The sealing of an adult record falls under the Colorado Statute C.R.S 24-72-308. I would look at the law yourself before consulting with an attorney in your area that is familiar with the particulars of sealing records. But from a cursory review of the statute it appears that you would be able to have the record sealed as long as a sufficient time has gone by (10 years after final disposition; that may be 2013 here) and you have not been re-arrested for anything and all fines, etc., paid. You are aware that a petition has to be filed and a hearing held before a Judge. In many states it is a matter of judicial discretion as to whether or not the matter will be sealed. And there are instances when certain organizations - like educators - can still get hold of the records. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.