DWAI deferred in sep 2012. This month is the last one of probation. Do I need to apply for affidavit of compliance or attend court date in step 2013? Do I need to both or either one of those? Also in Colorado are successful deferred dwai's eligible for expungement?
Thanks much in advance
Check with the Probation Officer and also I would make sure Clerk's Office had proof whether from probation officer or just in court file:
Proof of completion of any ordered Useful Public Service (a/k/a Community Service)
Proof payment of all costs, fines, fees, etc. for both Court and Probation
Proof of completion of all treatment that was ordered (i.e. Level I, or Level II Education or Therapy)
Proof of completion of MADD panel or any other requirement the Court ordered
You may think that all this was completed and the Probation officer will take care of this. One of your questions was what you need to do. You may want to appear on your court date to be sure your case gets dismissed. An ounce of prevention is worth a pound of cure should something go amiss. Congrats on your deferred completion!!
Mr. Solomon and and Mr. Patrin are correct about the Harte case; however, that case was recently granted Cert by the Colorado Supreme Court so we are hopeful that the Supreme Court may render a different opinion and that successfully completed deferred judgments may some day soon qualify for sealing/expungement. Keep an eye out on hos this case plays out over the next year.
As Ms. Toney said, make sure your PO has submitted everything to the court showing that you have completed and required terms and conditions and you should then be good to go.
With regard to our last question regarding expungement, you may find this recent Colorado ruling helpful, as it appears that DWI cases specifically cannot be expunged even after completing a deferred judgment: http://www.courts.state.co.us/Courts/Court_Of_A....
Contact your attorney if you had one or the court if you didn't regarding the steps you need to take to "close out" the deferred judgement, if any. Sometimes they close automatically without any further appearance, but every jurisdiction is slightly different.
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