Legal Question in Criminal Law in Colorado
can i get my legal records sealed while on probation? I have the ability and education to have a 6 figure salary as a software engineer, though my recent criminal mischief conviction has made 3 recent job offers, disappear. Additionally, I am supposed to pay $18K in restitution by the same court whose policy of sealing records precludes me from gaining the employment that would allow me to meet that requirement. seems like I am being set up to fail.
-Mark
3 Answers from Attorneys
Unfortunately, if you have a conviction, there is no sealing allowed. The law only allows for sealing if complete dismissal. You may want to look into getting your plea withdrawn if you have a conviction.
You cannot seal a conviction in Colorado. If you took a deferred sentence, you may be able to seal once the deferred has run. In no case can you seal while still on probation. You could step up your compliance and motion the court for early termination of probation. You can also move to withdraw the plea (as suggested previously) but those motions are always denied. Just yesterday I insisted that my client be allowed to seal (and I won that fight). If you had a lawyer when you got the conviction, you can always challenge counsel's "effectiveness". If you represented yourself, you are out of luck there.
You are not "being set up to fail". You are facing the consequences of your past crime.
Criminal records exist so that others can find out what they contain. Few convicted criminals want others to find out about their records, but that is no reason to seal them. If you could have your records sealed then just about any other criminal could, too. That would defeat the records' primary purpose.
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