Legal Question in Criminal Law in Colorado

It has been almost 15 years now that my husband was accused of rape by my niece. My husband always denied this and we went to court. He ended up pleading no content to third degree sexual assault if I remember correctly. We were expecting our second child and he did not want to take a chance of not seeing his children grow up. My niece was 12 at the time. As time has gone by she has admitted she lied because of the pressure of her mother at the time. My husband tried to expunge the record but we didn't get notification in time and was sent late. She still appears at family functions and has no problem with being around my family. How can we resolve this and save my husband's record. I am only concerned now because we have grandchildren. If anything would happen to our daughters we would like to have custody but fear that this would stop us from being able to raise them if need be. Can you please tell me if there anything that can be done.


Asked on 4/13/10, 9:42 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

The problem is that Colorado only allows a challenge to a conviction for a short period of time - three years. There is an exception to that, but you have to explain why it took so long. But, if you want to try to challenge the conviction, it is best to do it asap.

I suppose that you could also try for a pardon, but that is also a long shot.

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Answered on 4/19/10, 7:55 am


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