Legal Question in Criminal Law in Colorado

Correcting Judgements

In 1988 I was involved in a Domestic Disturbance resulting in an injury by mistake. I went to jail and was charged initally with a 3rd Degree Assult. The D.A. decieded to upgrade the offence to a 2nd Degree Assult. I went to court and plead guilty without a trial to a 3rd Deegree Assult. This should have been dropped from my record after a period of time. I have not been in any type of trouble since then and did everything the court ordered with this judgement (counceling and time served 6 days). It is now 2003 and I tried to purchase a firearm (shotgun) to go hunting with family and was denied. The Colorado FBI has my judgement listed as a 2nd Degree Felony. How can this be if my judgement was a 3rd Degree Assult a misdameaner. Please give me advice on how to correct this. The Colorado FBI will not even look at the court papers and wil not change their records. I need a lawyers advice on how to proceed to get this changed.

Thanks


Asked on 7/10/03, 2:04 pm

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

Re: Correcting Judgements

A few things to consider:

you may have pled to a deferred sentence, if so, then the entire file can be sealed because a conviction never entered, but more likely you pled guilty to a 3rd Assault and have a conviction that will stay on your record forever.

As for correcting CBI's records - that can be done by submitting to CBI a certified copy of the mittimus showing that you pled to 3rd degree assault and the 2nd degree assault was dismissed.

This can be done pretty cheaply and I would be happy to do it for you. Contact me about this - 720-406-6969

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Answered on 7/11/03, 4:08 pm


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