Legal Question in Criminal Law in Colorado

Domestic Violence Deferred Sentence

Four years ago I stupidly took a guilty plea bargain for misdemeanor 3rd degree assault for domestic violence, which included DV classes and 2 years deferred sentence. It was supposed to be dismissed after the 2 years as long as I complied with everything. However when I do a criminal background check it still shows up as guilty plea along with punishment as deferred sentence. I was under the impression that it would show dismissed now, am I incorrect?


Asked on 1/15/07, 1:06 pm

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Domestic Violence Deferred Sentence

Call the clerk of the court where you pleaded guilty, explain your dilemma, and ask whether your guilty plea was withdrawn and the case dismissed, as it should have been if your description here is accurate, and you did indeed comply with all the conditions. Ask also when the dismissal ought to show up on a criminal background check. Some free web resources are not updated frequently.

You can also file a civil action in your district court to have the record sealed.

Good luck.

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Answered on 1/16/07, 2:55 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Domestic Violence Deferred Sentence

It should show dismissed, and it should be dismissed. The court should have dismissed it. Who did the report that shows it as "guilty"? Did you go through the CBI, coCourts, or some other agency? You should get it sealed if you can.

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Answered on 1/15/07, 3:14 pm


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