Legal Question in Criminal Law in Colorado

I had a domestic violence case back in 2006. The probation period expired last year, and it became available to be expunged.

I, quite potentially, have a bench warrant out from failing to meet community service(/fines?) from a moving violation that occurred at the en of 2008 (which could have revoked my probation).

The DV case on my record is a big reason why I have not been able to get a job.

Can I work on getting the DV case expunged without worrying about being arrested?

Thank you


Asked on 5/17/10, 4:52 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

The DV case cannot be sealed until it is dismissed (assuming you got a DJS). It won't be dismissed until all conditions of probation are met. The moving violation would normally not be enough to violate probation. Any shortfall in fines or UPS would be. Tomorrow morning, you move to quash the warrant, you pay any fines still due, you file (or get) a POC of UPS. Then you move to dismiss, then you petition to seal. It is not easy. I get arrest warrants quashed on a regular basis. Since you can be arrested at ANY moment, I think the arrest warrant is more of a concern to employers than the DV. Who would want to hire someone who, at any time, will be dragged off in handcuffs?

If you have trouble understanding any terms, go to my website. www.lawyerdan.com.

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Answered on 5/23/10, 5:06 pm


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