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 Colorado, you may be able to seal your records if:
- After an investigation, the matter was dropped without criminal charges. OR
- After prosecution began, all charges in the criminal case were dismissed. This includes situations like evidentiary suppression, nolle prosequi, insufficient evidence, or successful completion of a deferred sentence followed by dismissal.
However, there are conditions:
- You did not waive your right to petition to seal in your plea negotiation. Check your deferred sentence agreement for terms like 'waive' or 'waived.' In El Paso County, many misdemeanor deferred sentence agreements include a sealing waiver.
- The dismissal or failure to charge was not due to a plea agreement in a separate case.
Note: A 2004 amendment allows for sealing uncharged offense investigation records or flat dismissals after 15 years, provided you have no new criminal charges during that time (see CRS 24-72-308).
For more assistance, consider consulting with a legal professional.
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.