Legal Question in Criminal Law in Colorado

Effect of Deferred Judgement

If a person receives a deferred judgement, completes the requirements, and has the charges ''dismissed with prejudice'' as well as getting court records sealed, are they still required to answer to the affirmative on license and job applications that ask ''Have you ever been convicted of, plead no contest to, or received a deferred judgement?'' It is my belief that the issue has been dismissed as though it never happened....so why should a person have to say yes? It appears that to answer truthfully I would have to say yes, but ethically, I shouldn't have to, as it means I could be denied a position (judged,tried and convicted again) on something that has been dismissed.


Asked on 3/30/04, 1:11 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Effect of Deferred Judgement

Your question in answered by state law. You can say no. Under CRS � 24-72-308 "the petitioner and all criminal justice agencies may properly reply, upon any inquiry in the matter, that no such records exist with respect to such person."

That should answer it. Any further Qs- [email protected]

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Answered on 3/30/04, 2:21 pm


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