In some cases, even where your Denver criminal defense lawyer is able to negotiate a reasonable charge in exchange for a guilty plea, the defendant may be subject to pretty serious after-the-fact consequences. Just by having a conviction on your criminal record, it becomes much more difficult to get a good job, find a place to live, and generally lead a normal life. Additionally, later convictions will be met with steeper penalties.
How can you avoid these consequences? In the case of certain, more minor, offenses, they simply fade off the record over time. At a certain point, they will stop appearing on background checks, and therefore stop affecting the person's ability to lead a normal life. However, in other cases, this period of time is quite long (up to 10 years or more) and the defendant wants to get out from under the record hit earlier. In other situations, the conviction stays on the defendant's criminal record forever, unless affirmative action is taken.
This affirmative action takes the form of a motion to expunge, or a motion to seal records. A Denver criminal defense lawyer can evaluate your case to see if it is a good candidate for expungement. Typically judges have a good deal of discretion in determining whether to expunge a conviction from the record. They will consider a number of factors. These include the severity of the initial conviction, whether the defendant has demonstrated rehabilitation after the conviction was entered, and the length of time passed since the conviction. Since the decision is so heavily influenced by subjective factors, it is important to choose an attorney who can marshal all the evidence in your favor, and present that evidence in a manner that is heavily persuasive to the judge (expungements are never heard before a jury). Although they may be difficult to obtain, an expungement can be a valuable tool for people who made a mistake and want to make a fresh start where that mistake will no longer impact them.
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