Legal Question in Criminal Law in Colorado
My son at age 16 was charged with two offenses (misdemeanors) that we took a deferred jugdement on and now both items have been dismissed. He is now a 18 and I'm concerned that these items will show on a back ground check for employment. Will he need to through the expungement process with the District Court? Or, since they were dismissed does it not show negatively on his record?
2 Answers from Attorneys
The Expungement Process will be to remove that he was even charged will the crimes, currently it will show up as though he was charged with the crimes and that they were dismissed.
The first thing to do is get a copy of the plea agreement that your son entered the deferred judgement on, he may have agreed as part of the plea to not seek expungement in the future.
Generally a deferred plea entered by a juvenile should allow him to seal his record. Mr. Berry is correct, the first thing would be to start out with the plea paperwork. Many jurisdictions will have a clause in the plea paperwork where the defendant/respondent agrees to not seal their record at a later date. Some offenses are non-sealable, for example, Domestic Violence, Driving under the influence, and other traffic infractions.
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