Colorado Springs Criminal Lawyer Blog

By Caryn J. Adams
Partner and Managing Attorney
The Gasper Law Group

Drug Cases: Different Rules for Sealing

To every rule, there is an exception. To the rule that no conviction may be sealed, the exception is criminal conviction records for some offenses involving controlled substances. Pursuant to C.R.S. 24-72-308.5, as of July 1, 2008, a person may petition the court to seal the conviction records for drug offenses at the petty, misdemeanor, or class 5 or 6 felony level. There are, as you might expect, several conditions to be met:

1) The petition has to be filed no sooner than ten years after the final disposition or end of probation, whichever is later; and

2) The petitioner cannot have been charged or convicted for any criminal offense in the intervening ten years; and

3) For convictions entered before July 1, 2008, the district attorney must consent to the sealing of the records.

There are also limitations concerning the types of drug offenses that are subject to sealing. A conviction for a class 5 or 6 felony for the sale, manufacturing, or dispensing of a controlled substance (or conspiracy, attempt, or possession with intent to do any of the above) cannot be sealed. What does that leave at the felony level? Pretty much, it leaves simple possession or attempted possession.

Finally, petitions to seal brought under C.R.S. 24-72-308.5 are more limited in scope than petitions to seal brought under C.R.S. 24-72-308. For one thing, sealing the conviction records does not vacate the conviction. This means that the conviction can be easily unsealed and used as a prior offense in any subsequent prosecution for similar charges. The conviction sealed under this subsection may also be used by a criminal justice agency, law enforcement agency, court, or prosecutor for any lawful purpose. The conviction will also show up on criminal history records checks that are required by law. In fact, the only real benefit to having your drug-related conviction sealed under this subsection is that it allows you to tell private employers, landlords, and some local and state agencies that you have not been criminally convicted and prohibits them from requiring you to disclose and information concerning the sealed conviction records.

Continue reading " Sealing Your Record - Drug Cases " »

www.gasperlawgroup.comFace the music today, or face something worse tomorrow—why you need to make your Court dates.

Question: “ I have a court date coming up. What if I just decide not to show up?”

Answer: “Bad idea. Really bad idea—unless you have a nice cabin deep in the woods.”

Regardless of the severity of the charges you face, from a parking ticket to a homicide case, the system has a response to anyone failing to show for court. In a nutshell, the more serious the initial charges, the harder the system will work to get you back, and the higher price you’ll pay for missing court. Let’s start with the light ones, and work up.

If you are charged with a simple traffic offense; say, speeding, you were likely issued a summons to appear at a certain time to address the charge. If you miss the date, the points will issue against your license by default, and you will still owe the fine and court costs. A warrant could issue by the court, so the next time you are contacted by law enforcement for any reason (maybe another ticket), you could be arrested on the spot, and be required to post a cash bond equal to the amount owed on the ticket to satisfy the debt you owed the court. Not worth it, was it?

In a misdemeanor case, generally a summons is issued. Once again, if you miss court, a warrant would likely issue, but this time an appearance bond would be set. You would then need to post the bond, either paying the full amount in cash, or through a surety, i.e. , a bail bondsman. The bail bondsman is paid a non-refundable fee by you, ranging from 10 to 20 percent of the face of the bond, in exchange for promising the Court that you will appear. If you miss court again, the bondsman has to pay the Court the full amount of the bond, but two things happen to you.

Continue reading " Skipping a Court Date - Bad Idea! " »