Legal Question in Criminal Law in Colorado

Withdraw of a guilty plea, convicted or not?

In 1992, I entered into a plea agreement that had me enter a guilty plea to an F5 felony. The agreement was for 2 years, nothing more than a speeding ticket, pay a fine, keep my nose clean, etc. At the end of the two year period, the guilty plea was withdrawn, and (if I remember correctly) a not guilty plea entered.

I was told at the time that I was not a convicted felon. The plea was withdrawn and I was not convicted under Colorado law.

However, I have been denied jobs a couple times and even fired due to my 'dishonesty' when I answer ''No'' to ''Have you ever been convicted of a felony?''

It even dogs me when asked if I was convicted in the last 7 or 10 years. I was answering honestly, this was 17 years ago, not to mention I was not convicted, or so I thought.

I was also told this plea is considered a guilty conviction for purposes of getting a security clearance, for a state or federal licenses (like a broker's or series 6 or 63), pilot's license, etc. I am not sure of how this works.

My question is this: If I entered a guilty plea, and it was later withdrawn, am I convicted felon or not? If a plea was changed to not guilty and entered as such, where do I stand legally?

Thanks!


Asked on 3/14/09, 12:13 am

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Withdraw of a guilty plea, convicted or not?

Without researching the law 17 years ago, I can't be sure, but I doubt you are remembering correctly. If you received a deferred sentence and successfully completed it, your plea doesn't change to "not guilty"; however, the charge is dismissed. It will still show on your record as a charge, the deferred sentence, and the dismissal.

You will not be able to seal the record of the speeding charge. The best thing to do when applying for a job is to explain upfront that 17 years ago you did a stupid thing, completed a deferred sentence, the charge was dismissed, and you are not the same person today.

Good luck.

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Answered on 3/14/09, 2:58 pm


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