Legal Question in Criminal Law in Colorado

Petty offense/misdemeanor

I got a paraphernalia possession petty offense and fake ID misdemeanor in 2001 that is keeping me from getting a job via background check. Is there any way to get this off my record? Is there a statue of limitation in Colorado?


Asked on 1/09/09, 2:49 pm

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Petty offense/misdemeanor

Yes, there is a statute of limitations. No, it won't help you if there is a conviction. It will help if there was no conviction. You can also seal the record if you were acquitted or the case was dismissed.

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Answered on 1/09/09, 4:41 pm
Philip Rosmarin Rosmarin Law Firm

Re: Petty offense/misdemeanor

I would disagree with attorney Fenaughty, because I believe the new sealing statute would allow you to seal the petty offense conviction (if there is no objection from the prosecuting attorney). I think the fake ID misdemeanor might also arguably be sealed, if it was connected in some way with the paraphernalia, for example if you used a fake ID to purchase a pipe or other paraphernalia.

You would have to wait to file your petition, however, until 10 years after your final involvement with the court, such as when supervision of any probation had ended.

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Answered on 1/10/09, 2:18 am


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