Legal Question in Criminal Law in Colorado

background check

I pleaded to a theft misdemeanor upon restitution and community service completed. the restitution is complete, but I have yet to finish my community service time. I have been laid off from my current job and while apllying for another my background check came back with 2 felonies. one for embezzelment and one for larceny. when i talk to publuic defender's office they said misdemeanor shudhave shown and that felony shud have shown only if restitution or community service hasnt been done by my nxt court date. so why are 2 counts of felony showing ony record???


Asked on 3/09/09, 9:41 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: background check

Felonies that were pled to under a deferred will show until you complete the deferred, the court accepts POC, terminates the deferred as sucessfully completed and dismisses the case. Then you petition to seal, get the order to seal, send it to police and state agencies. The DA's never explain all the steps needed, they jusy say "it goes away." It does go away if you do everything, and you do it on time! I tell my clients (as you should have learned) "nothing good happens automatically". You can do it yourself. You can hire an attorney to do it. In any case, it sounds like you are going to jail.

-Good luck.

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Answered on 3/10/09, 4:29 pm


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