Legal Question in Criminal Law in Colorado
credit checks
I got a ticket for theft 03/2006, I had a $50.00 saw that I had got from where I use to work they terminated me after this, I just didn't sign out for it, but thats besides the story. I got 50 hours community service which I completed and the courts told me case closed, but now when I try to get a good job there background check comes up theft and I don't get the job because of this, I've lost 2 jobs because of this, when I made the deal with the DA I thought it was said after 1 year this would come off my record provided I don't get in any kind of trouble, I have not got in any. My question is can I do anything about this myself or am I going to have to get a lawyer I'm lost what are my options? THANK YOU
2 Answers from Attorneys
Re: credit checks
If you pled guilty to the Theft charge and were placed on probation the guilty plea including all other original charges will remain on your record for the rest of your life. The exception is when you plead guilty to a charge but was granted a Deferred Judgment Sentence (DJS). With a DJS after you have successfully complied with all the terms of the DJS you can withdraw your plea and the case is dismissed. After that you can seal your record.
Since the plea entered is over 10 years, you are out of luck. Did you have an attorney represent you in the original case when you entered your plea?
Re: credit checks
It sounds as if you entered into a deferred judgment and sentence for one year. The DA's do not tell the full truth. If a year goes by and you have complied with all conditions, the case should be dismissed. It probably was. BUT: It does not "come off [your] record" automatically. Nothing good is automatic. You need to petition the court to seal the record.
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