Legal Question in Criminal Law in Colorado

Sealing records

I have completed a deferred sentence successfully and would like to have that matter sealed....at some point in time, but financially i have not been able to do so yet. Just recently i was arrested and charged with 2 new charges criminally and am currently going through my court proceedings to fight what i can but have not been convicted of anything as of yet. Having not taken the plunge to have my deferred case sealed, will the fact of having new charges take away the option to still seal that record or does getting new charges etc. down the road have nothing to do with getting in the way of being able to still seal that record?


Asked on 4/04/07, 2:27 am

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Sealing records

If you had the old record sealed, it would not keep it away from the cops, DA or judge anyway. You can petition to seal the old record, despite the new charges. The new case will make the judge think more about the public right to know, so he/she may not grant the petition.

Read more
Answered on 4/04/07, 12:38 pm
Philip Rosmarin Rosmarin Law Firm

Re: Sealing records

You may want to factor in another law you haven't been accused of breaking yet: the law of diminishing returns.

Somehow you don't sound completely optimistic that you will not be convicted of the new charges, and if you are convicted you are very unlikely to get another deferred, which means you will have convictions that won't be sealed.

So you may want to wait and see (sounds like you can only afford to wait and see anyway). Unless the deferred offense is substantially more, well, offensive, an employer undisturbed by your subsequent convictions may figure, in for a penny, in for a pound.

Nevetheless, you are not ineligible to seal the deferred, despite what occurs with the new charges.

Good luck.

Read more
Answered on 4/04/07, 2:47 pm


Related Questions & Answers

More Criminal Law questions and answers in Colorado