Full question:
I was at the court for a deferred sentence after one year probation of child neglect but my record still child abuse, and my nursing assistant license is denied and I don't know what to do.
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Colorado
Answer:
In CO, you may be eligible to seal records if:
1. After investigation, the matter was dropped without filing criminal charges.
OR
2. After prosecution was initiated, all charges in the criminal case were dismissed. This includes but not limited to evidentiary suppression, nolle, nolle prosequi, insufficient evidence, dismissal, straight dismissal, flat dismissal, or successful completion of a deferred sentence and subsequent dismissal.
AND
a. You did not waive your rights to petition to seal in plea negotiation. El Paso County DA Office has a sealing waiver pre-printed into misdemeanor deferred sentence agreements. Many felony deferred sentence agreements are custom drafted and contain a similar clause. If such a clause exists, the right to seal is gone unless perhaps grounds exist for a collateral attack. Place to begin - carefully read your deferred sentence agreement looking for the word waive, waives, waived and also the numbers CRS 24-72-308.
AND
b. The dismissal or failure to charge was not the result of a plea agreement in separate case. Note: 2004 amendment opens a window if you have been violation free. Now the uncharged offense investigation records or flat dismissal would be eligible for sealing 15 years after the date of final disposition of all criminal proceedings if no new criminal charges have been brought during the 15 years.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
