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Barrister, Criminal Defense Law
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I just received a deferred sentence for trespassing in Greenwood

Resolved Question:

I just received a deferred sentence for trespassing in Greenwood Village Municipal Court in Denver Colorado. However, I received a DUI charge in Pueblo County, Colorado before my deferred sentence. I am wondering if the DUI case will effect my 1 year probation for the deferred sentence? My Lawyer said the only thing I would have to worry about is my record. Does a deferred sentence stay on your record or is it dismissed completely after the requirements are completed? The lawyer didn't seem to think it would bother the outcome of my trespassing charge because the DUI was committed before the plea agreement.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Barrister replied 4 years ago.

Hello,

 

The DUI won't affect the deferred sentence since it was prior in time to the deferred sentence. Only violations after the imposition of the DS will affect it.

 

Once you complete the requirements of the DS, it will be entirely dismissed. It will show up that you were charged with the offense, but then that it was later dismissed.

 

Thanks.

Matt

 

 

Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 24234
Experience: 14 years practicing criminal defense.
Barrister and 7 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

The Lawyer also said that he could submit a motion to supress the probation. Will I need to expunge this to get this off of my record, or is there another way to get it off of my record? I really do not want this on my record.

 

Thank you,

 

Kris

Expert:  Barrister replied 4 years ago.

These charges won't automatically be erased from your record. If someone like an employer pulls your criminal record, they will see the charge and that it was dismissed. An expungement will make it as if it never happened and you would not ever have to disclose it to anyone even if asked.

 

You would have to file a petition to have the charge expunged as soon as your probation is up and the case is "completely dismissed".

 

Colo. Rev. Stat. 24-72-308

A person may petition to have his arrest and criminal records sealed if the person was not charged with a crime, if the case was completely dismissed, or if the person was acquitted, unless the offense was not charged, or the case was dismissed, due to a plea agreement in a separate case.

 

Thanks

Matt

 

 

Customer: replied 4 years ago.
What is an approximate cost for expungement of such a case?
Customer: replied 4 years ago.
What is an approximate cost for expungement of such a case? And will I be able to expunge it since I have the DUI case pending?
Expert:  Barrister replied 4 years ago.

The cost would depend on if you have an attorney do it or if you do it yourself. If you do it yourself, it is a matter of filling out the forms and paying whatever fees the court requires. I don't know an exact cost as each county can set their own rates, but you can contact the court clerk and ask them what it costs to file a petition for expungement.

 

I would expect an attorney to charge 3-500 to file the paperwork.

 

Since the charge will be dismissed eventually you will be able to get it expunged. Any case that is dismissed is eligible for expungement regardless of other cases.

Under CO law, you can't get the DUI expunged.

 

 

Thanks.

Matt

Customer: replied 4 years ago.

Can you get a DWAI expunged that was in 1993?

Expert:  Barrister replied 4 years ago.

Under CO law, it says no.

 

(3) Exceptions. (a) This section shall not apply to records pertaining to:
(I) Any class 1 or class 2 misdemeanor traffic offense;
(II) Any class A or class B traffic infraction; or
(III) Any conviction for a violation of section 42-4-1301 (1) or (2), C.R.S.

 

42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties - repeal.

 

 

Matt

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