Legal Question in Criminal Law in Colorado

Deferred judgement\nolo contendre

What exactly does nolo contendre/deferred judgement mean? I am looking for a job and have been putting this arrest for a misdemeanor dv on my applications. I have been told by at least 1 employer that this is the sole reason for not getting the job. Will this always be on public record? This case was even dismissed 9 months into a 12 month probation period. Is there any way I can make this non-public?


Asked on 8/12/03, 5:41 pm

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Deferred judgement\nolo contendre

If you pled nolo contendre or no contest and recieved a deferred judgement that was dismissed after completion, then you are eligible to have that record sealed. Sealing will prevent a potential employer from knowing about it through a background check.

In addition, if the deferred judgement was completed, then the case got dismissed without a conviction. Since it is not a conviction, then you do not have to identify as such. But, if it has not been sealed, then it will appear on a criminal background check as an arrest and possibly that you pled nolo contendre to it. Most employers will think this is a conviction.

My suggestion is to get it sealed. I can do this and charge $500 for it.

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Answered on 8/12/03, 7:55 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Deferred judgement\nolo contendre

Nolo contendre and deferred judgement mean two different things, none of which are crucial to your question. You ask "will it always be on public record?" Yes, if you don't seal it. If the DV matter occurred in Colorado and was actually dismissed, you may be able to seal it. That is, if you did not waive your right to seal it.

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Answered on 8/15/03, 4:44 pm


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