If you’re facing criminal charges in Colorado, it’s natural to worry about how a conviction could affect your life, your job, and your future. You may be exploring your options for avoiding a conviction. One option is known as deferred judgement and sentencing (often called either deferred judgment or DJ and S). This entails pleading guilty and accepting minor penalties, such as probation, community service, or restitution. Then, if you follow the conditions set by the judge, you can have the criminal charge sealed. This option is typically available for first-time offenders facing charges for minor crimes (some drug crimes, theft, domestic violence, etc.).
For some people, a deferred judgment can be a smart way to avoid a conviction, but it’s not the right fit for everyone. Let’s break down what a deferred judgment really means in Colorado and why it’s so important to speak with an experienced criminal defense attorney before agreeing to one. Denver attorney M. Colin Bresee has spent decades in the criminal justice system, including work in several district attorneys’ offices. He’s seen deferred judgment agreements from both sides and knows their potential benefits, as well as their risks. During a free consultation, he can help you decide if this option makes sense for your situation.
What Is a Deferred Judgment and How Does It Work in Colorado?
Deferred judgment is a way to minimize the impact of a criminal charge. It lets you accept relatively minor penalties in exchange for the right to seal the record of the charge. By sealing your criminal record, you can minimize the impact of a criminal offense on your life. However, a deferred judgment is not an acquittal, and it typically doesn’t allow you to expunge your record. This means that the crime is still visible to law enforcement and anyone who makes a request to see your record. Once sealed, though, the crime won’t show up on many background checks, and you won’t have to report it on most forms asking if you have a criminal record.
Legal Definition and Key Terms
The process for deferred judgment and sentencing is defined in the Colorado Revised Statutes (C.R.S.) 18-1.3-102. The statute defines deferred judgment as a power that the court can utilize with the written consent of the defendant, their attorney, and the district attorney. It is technically defined as a continuation of the case as if the court deferred sentencing through the entire deferral period. In exchange for entering a guilty plea and agreeing to certain conditions, a defendant receives minor penalties and the potential to seal the charge.
If you don’t follow the terms of the deferred judgment agreement, however, you might face the full consequences of your criminal charge, so it’s crucial you understand the agreement fully. Before the record is sealed, you will have the crime on your public record.
Step-by-Step Process of a Deferred Judgment
The process for deferred judgment in criminal cases is laid out clearly in the statutes.
Here is how it works:
- Negotiating the terms: You, your lawyer, and the district attorney will discuss potential terms that might be agreeable to both sides. This includes the potential length of the deferral and penalties associated with the deferral (such as probation, community service, restitution, etc.). Certain charges, such as domestic violence, may have mandatory conditions imposed by the statute. The statutory length of deferment is not more than two years for a misdemeanor or four years for a felony. The length can be extended by up to two years for some sex offenses.
- Entering a guilty plea: Before you can get deferred judgment, you must enter a plea of guilty.
- Judicial approval: The judge has the opportunity to approve or deny the deferred judgment agreement.
- Fulfilling the terms: If the judge accepts the terms of the plea agreement, the probation department will take over supervising your behavior to make sure you follow the terms.
- Violating terms: If a probation officer or the district attorney says you violated the terms of the agreement, the court will review the evidence to determine whether a violation occurred and what consequences are appropriate. The district attorney may request an entry of judgment, which would result in penalties based on your original charge. However, if the judge believes you can still comply with the agreement, they may impose additional conditions, such as jail time or an extension of your deferred judgment period by up to two years.
- Extensions for restitution: If you reach the end of your deferred judgment period but are unable to complete restitution payment, you can be given up to 182 days to finish payment.
Outcome After Successful Completion of Deferred Judgment
If you successfully complete all the terms of your deferred judgment, the court will withdraw your guilty plea and dismiss the charge with prejudice, meaning it can’t be refiled. This gives you legal closure and the opportunity to petition the court to seal your record.
While this doesn’t erase the history of the case entirely, sealing the record can make it inaccessible to most employers, landlords, and the general public. It’s an important final step to protect your future opportunities.
Is a Deferred Judgment the Same as a Dismissal or Acquittal?
No. A deferred judgment is not the same as being found not guilty or having charges dropped. With a deferred judgment, you must plead guilty, and that plea stays on your record during the deferral period. In contrast, a dismissal or acquittal means you never had to admit guilt and are cleared of the charges entirely. Even after completing a deferred judgment, the charge may still appear on background checks unless the record is sealed.
How Long Does a Deferred Judgment Stay on Your Record?
A deferred judgment doesn’t automatically clear your record. During the deferral period, your guilty plea is part of your criminal history and may show up on background checks. Once the period ends and the case is dismissed, the record still exists unless you take steps to seal it. As noted, petitioning to seal the record after dismissal is a crucial step to ensure the charge does not continue to affect your reputation or personal and professional life.
Remember, however, that sealing a record hides it from most public background checks, but it doesn’t erase it entirely. Law enforcement can still see the sealed charge, and it may be accessed by court order. This differs from expungement, which removes a charge completely from your record.
What Are the Pros and Cons of a Deferred Judgment?
A deferred judgment can offer several advantages, including:
- Avoiding a criminal conviction
- Preserving employment, housing, and educational opportunities
- Gaining the option to seal your record
- Avoiding the cost and publicity of a trial
For many people, these benefits make a deferred judgment an attractive option.
However, there are also drawbacks to consider, such as:
- Having to plead guilty
- Complying with strict court-imposed terms
- Facing serious consequences if you fail to meet those terms
- Potential impacts on immigration status or professional licensing
It’s important to discuss these pros and cons with your criminal defense attorney before agreeing to a deferred judgment to ensure it’s the right choice for your situation.
Can a Deferred Judgment Be Used Against You?
Yes. One downside of a deferred judgment is that it can still carry serious consequences. Your charge may appear on background checks until your record is officially sealed.
Additionally, some organizations—especially outside the state system—may treat your guilty plea as a conviction. For example, the federal government might consider it relevant to your immigration status, and you may be required to disclose it on federal forms. Certain professional licensing boards may also view your plea as a criminal conviction, even if the charge was later dismissed.
Who Is Eligible for a Deferred Judgment in Colorado?
The law doesn’t specifically state who is or is not eligible for deferred judgment. However, most often, the option is given to first-time offenders who have committed nonviolent crimes. Serious offenses and repeat offenders are rarely given the option to take deferred judgment.
Charges commonly considered for deferred judgment include:
- DUI
- Theft
- Traffic violations
- Misdemeanordrug charges
- Minor domestic violence charges
However, you won’t know if it’s an option in your case until you talk it over with a criminal defense lawyer.
How a Colorado Criminal Defense Lawyer Can Help
A deferred judgment deal can be a smart option, but it also comes with significant risks. If you violate the terms or accept unfavorable conditions, you could face the full penalties of your original charge. That’s why you should never agree to a deferred judgment without guidance from an experienced criminal defense attorney.
Your attorney can:
- Negotiate the terms of your agreement: They understand what’s realistic and can work to secure favorable conditions, without settling for too little or jeopardizing a good deal by pushing for unreasonable terms.
- Explain the details clearly: Your lawyer will translate complex legal language so you understand exactly what’s being asked and expected of you.
- Help ensure compliance: They can advise you on how to avoid even the appearance of violating the deal and assist if you’re accused of doing so.
- Assist with sealing your record: Once you complete the terms of the deferred judgment, your attorney can help you apply to get the record sealed.
Finally, the attorney-client relationship allows you to speak openly and confidentially. Your lawyer can use that information to give clear legal advice, whether that means accepting a plea bargain like a deferred judgment or fighting the charges in court.
Contact the Law Offices of M. Colin Bresee
Deferred judgment can be a valuable opportunity to keep a criminal conviction off your record. It’s often seen as a second chance, but only if you successfully follow all the terms of the agreement. If you violate the conditions or accept unfavorable terms, you could end up in a worse position than before.
That’s why it’s critical to consult with an experienced criminal defense attorney before agreeing to a deferred judgment. M. Colin Bresee has decades of experience in the Colorado criminal justice system. He has worked in multiple district attorneys’ offices but has spent most of his career defending individuals facing criminal charges. He understands the full scope of what deferred judgments can offer—and the risks they can carry—within the broader context of criminal law.
Please get in touch with our law firm today for a free consultation. We’ll help you evaluate your options and understand the benefits and limitations of a deferred judgment in your unique case. We believe everyone deserves experienced legal representation, and we offer payment plans to make that possible.
Disclaimer: Neither this page nor any other content on this website constitutes legal advice or forms an attorney-client relationship. Past results do not guarantee future outcomes.
