Can I have a deferred case sealed?

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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 After researching, upon satisfaction and completion of the deferred sentence my plea of guilt should have been withdrawn and the relevant charges which were deferred should have been dismissed.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if I am in fact eligible to expunge and seal these records before I investigate to make sure that the charge have been withdrawn and dismissed so I can start the process of sealing these records?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 10 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.


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