Colorado, like many states, has two types of deferred resolutions to criminal cases. One is a deferred prosecution and the other is a deferred judgment and sentence. The difference is that with a deferred prosecution, no guilty plea is entered. The case is continued for a period of time and if the defendant complies with the terms set by the court, the principal one being that he or she not commit any further offenses, the case is dismissed. No conviction occurs.
With a deferred judgment, the defendant pleads guilty to either the charged crime or a lesser crime and is put on probation for a period of time, subject to terms and conditions. Again, the primary condition is that the defendant not commit any other offenses.
At the end of the probationary period, if the defendant has complied with all the conditions of probation, the guilty plea is considered withdrawn, the case is dismissed and no conviction enters. This is because a conviction is not final until there has been both a guilty plea or finding of guilt and the imposition of sentence. Since sentencing does not occur before the end of the probationary term, there is no conviction.
So the answer to your question is: Having successfully completed the terms of your Colorado deferred judgment and sentence, you have not been convicted of a crime. You can answer that question "no" on your employment application. However, be very careful to read the question correctly. Some applications ask if you have ever been arrested and others ask if you have ever been convicted. If you were arrested for the offense to which you later pleaded guilty and received a deferred sentence, you would have to disclose that if the question asked about arrests rather than or in addition to convictions.
Also be aware that although under Colorado law a deferred sentence does not leave you with a conviction, should you be charged in the future with a federal crime and convicted, the deferred sentence can increase your criminal history points under the Federal Sentencing Guidelines and result in you receiving a greater sentence.
Different states have different rules about deferred sentences and adjudications. The best person to answer them is a criminal defense attorney in your jurisdiction who can provide you with advice based on your individual circumstances and your state's criminal law.
Answered on May 30th, 2008 at 12:12 AM