When a case is dismissed, it’s a common belief that the trouble is over and it won’t get in your way again. However, dismissed cases can still show up in criminal background checks, so if you want to protect yourself from deferred judgments being used against you, you might want to consider getting the record sealed.
A deferred judgment is a plea deal of sorts, one where an individual pleads guilty to an offense, but the plea and the conviction are suspended for a specific length of time until that individual meets a list of requirements set by the court. If and when those requirements are met, the case is dismissed, and the guilty plea is thrown out.
If your case was deferred and technically dismissed, it’s possible to have the judgment records sealed. You can either ask the judge to do so while you’re in court, or you can file a petition with the court.
Sealing your record is a good idea when it comes to simplifying the process of finding jobs and housing because once the record is sealed, it will no longer show up when a background check is performed on the individual involved.
To seal a deferred judgment in Colorado, follow the steps below.
You’ll want to collect copies of your arrest record, as well as any other pertinent paperwork involved in your case. Once you have all of your copies arranged and organized, you’ll take them to the courthouse for the next step.
File a Petition to Seal Non-Convictions (or a JDF 477 form) with your local court, and include all records the petition requires. Fill out the form carefully and ensure that you have everything correct before you submit it back to the court.
The filing fee in Colorado is $65, so pay the fee when you file your petition. Once you have filed and paid and met all of the court’s requirements, your request to seal a deferred sentence in Colorado should be approved.
Once your record has been sealed, it will no longer be used against you when you’re looking for housing, employment, or any other big step in your life that requires a background check.
If you’d like assistance with expunging a deferred judgment in the state of Colorado, contact the COLaw Team. Our Colorado lawyer team can walk you through the process and provide you with legal support throughout.