An estimated 30 percent of criminal justice cases filed in La Plata County end in a deferred judgment.
But what does that mean?
Many criminal defendants believe charges will be wiped from their record if they successfully complete the terms of their deferred judgment, said Durango defense lawyer Stephen Wells. But in reality, it remains easy for prosecutors, landlords and future employers to search a person’s criminal history, he said.
“There is confusion about that,” he said. “It’s a huge problem.”
A deferred judgment and sentence is one of several resolutions prosecutors, defendants and judges have at their disposal to resolve criminal cases. They are typically offered to low-level offenders as a way to avoid marking them with a conviction. The probationary-like requirements also encourage defendants to stay out of trouble and complete certain requirements aimed at helping them reintegrate with society.
The confusion arises when a judge takes a defendant’s guilty plea on the record and tells the defendant no formal conviction will enter unless he or she fails to abide by the terms of the agreement. And that is all true, but it doesn’t mean a criminal case vanishes from the record, said La Plata County Judge Martha Minot.
“What people need to understand is your arrest record remains your arrest record,” she said. “People ask me in court all the time, ‘Is this coming off my criminal history?’ and I say, ‘No. It’s on your criminal history, and it’s on your arrest record.’”
Job applications used to ask if a person has ever been convicted of a crime, and candidates who pleaded guilty to a deferred judgment could answer “no” without lying. But now many applications ask if applicants have ever pleaded guilty to a crime, and technically the answer has to be “yes.”
“That’s the language that gets people into trouble because you are entering a guilty plea,” Minot said.
Despite the ambiguity, prosecutors and defense lawyers say deferred judgments are a good resolution.
Assistant District Attorney Christian Champagne said they succeed at getting low-level offenders the rehabilitation or treatment they need without having lifelong consequences of a felony conviction.
“It becomes a nice middle ground where we can get them into the system and give them the resources, support and services that can help them, and help them get their lives back on track,” Champagne said.
Wells said he considers a deferred judgment a “good result” for his clients. But if defendants think it will keep their criminal record clean, they’re mistaken.
“It may be considered whether it’s deferred or not by various agencies,” Wells said. “For example, some foreign countries, if you have a deferred felony, they’re not going to let you in.
“When they pull up your record, your record is going to say ‘arrested, plead guilty, deferred, then dismissed,’” he said.
If defendants want to conceal past convictions, they need to file a motion requesting to seal a criminal case, Wells said.
“Your record is what happened in your case unless you seal it,” he said.
shane@durangoherald.com
