Legal Question in Criminal Law in Colorado

dismissed felony with no conviction
How can I get a dismissal off my record? Here is the situation: I was arrested in Colorado for a felony charge in Oklahoma. I was extradited to Oklahoma, and the felony was dismissed, no deferral. The lawyer for my case said nothing should show on any records, and he was right about Oklahoma, it's clear, but Colorado shows the case with a disposition of dismissed by deferred adjudication. I recently was denied employment due to this record. How do I correct this?

Asked on 1/24/09, 7:15 pm

2 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

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Re: dismissed felony with no conviction

I would say "petition to seal" but it is not clear in which judicial district the record at issue was generated. There is an "Order to Dismiss" from the Foreign jurisdiction (Oklahoma). You might try a "Motion to Correct the Record" with the Order to Dismiss attached. I would file it in the District, and under the case number as the original extradition proceeding. Then get the resulting order to the CBI and any other agencies you can think of. THIS IS JUST A REPLY BASED ON THE LIMITED INFORMATION YOU PROVIDED. This is not legal advice, just suggestions of possible actions to take.

Answered on 1/25/09, 5:08 pm

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