Sentencing in Colorado
Softening a sentence -- Sealing and “split pleas”
In most cases, a case cannot be "sealed" unless it has been completely dismissed, including a case in which the accused was acquitted. The beauty of a sealing is that it for some purposes will cloak you in innocence.
For example, let's assume that an offender entered a plea bargain where the although a guilty plea was made, the formal judgment was deferred for a period of time to enable the offender to complete the usual sentencing requirements. Once the accused has successfully completed those requirements, the case may then be dismissed and the accused can apply to the Court for sealing. Afterwards, when asked on an employment application whether he or she has ever been "convicted" of any crime, the answer would appear to be no, the case having been dismissed and judgment never having entered.
However, it is important to know that there are limitations to the process. For example, when applying for a federal job, grant, license, loan it is probably required that you do state the prior criminal case. I recommend that each and every time an offender is confronted with these questions, a criminal defense attorney be contacted to determine whether or not disclosure of the prior case is required.
Also, keep in mind that if one charge was "deferred" and the other was not, sometimes referred to as a "split plea", the refuge of sealing will only apply to the offense which was deferred.
The best possible "deferral" is a deferred prosecution. This does not require a guilty plea but instead a delay of the court case for a stated period of time after which the underlying charge is dismissed. Prosecutors wrongly often refuse such arrangements out of hand, despite clear legal authority for the process. However, on occasion I have been successful in convincing prosecutors to employ this tool.
Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO 80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com
