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Charged with fraud and record was not expunged!

Loveland, CO |

Record was not expunged and cannot get a job with the criminal back ground checks.

Attorney Answers 3

Posted

From your limited information, it's not entirely clear what your question is. Nor is it clear you would be eligible for expungement.

What I can say about expungement is that its going to depend on when your case was initiated, how it was resolved and what has happened in the meantime. Cases in Colorado that are eligible to be expunged are crimes that were committed as juveniles and require that a certain amount of time has passed and that no convictions have occurred in the meantime.

Other times, criminal files may be sealed depending on how the fraud case was settled and what happened thereafter. Was the case dismissed at the outset? Did the parties agree to a Differed Judgement and Sentence? Were you able to complete that differed successful and no conviction was entered? These are all questions that affect your eligibility to seal the case.

Sealing is not the same as expungement. Both require that you take affirmative steps to accomplish them, if you are allowed to by statute.

This would certainly be easier to do with the assistance of a lawyer, but you may be able to figure out on your own if you are eligible to have your case expunged or sealed and work through the process. I wish you the best of luck.

The proceeding statement is for your benefit and designed to orient you to seek help more completely; it should not be construed as a complete answer to your legal problem or a substitution for legal advice. Only when an attorney has had the opportunity to fully explore the issues of your case can you truly be advised. By reading my statement you should not infer we have created an attorney client relationship.

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Posted

It depends on what you mean by "record was not expunged" if something can be done. If you were charged but the case never went forward you are probably eligible to seal the criminal record. Additionally, if you completed a deferred judgement you can seal the record. Records are not automatically sealed upon dismissal rather there is a process you must go through with the relevant district court in Colorado.

These statements do not constitute legal advice. They are meant to be general in nature, for any specific legal questions you should always seek the counsel of an experienced attorney.

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Posted

We need much more information to help you. We know you were charged, but we do not know the outcome of the case. We also need to know what jurisdiction your charge was in and when.

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