Denver, CO asked in Criminal Law and Federal Crimes for Colorado

Q: If you accepted a deferred judgement can you go back to courts after half your time to remove felony for jobs apps

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2 Lawyer Answers
Mr.  H. Michael Steinberg
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Answered
  • Criminal Law Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: The short answer is no. A deferred judgement is like a contract approved by the Judge. To modify the contract - such as shorten the term - the DA has to consent. The judge has no power to shorten the term without the consent of the DA.

Sometimes the DA will consent. Depends on the case. HMS

Brian K. McHugh
Brian K. McHugh
Answered
  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: Yours question requires a two part answer. First, the prosecutor will need to agree to terminate the deferred judgment early and the court will need to order the guilty plea withdrawn and the entire case dismissed. If the prosecutor will not agree, you will need to complete the full term of the deferred judgement.

Second, once the entire case is dismissed, your next step is to try and get the records sealed. While most dismissed cases are sealable, some are not and you need to determine whether your case is eligible for sealing. If it is eligible, and if the court issues an order to seal, that order renders the case closed to public view and you can deny that the case ever exited when filling out job applications.

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