Deferred Sentence on Background Checks in Colorado

Understanding Deferred Sentences and Their Impact

According to Wikipedia, a deferred sentence is a legal arrangement where a judge postpones a defendant’s sentence until they complete a probationary period [1].

If the defendant successfully meets all probation conditions, the court may dismiss the sentence and guilty plea, effectively removing the case from their record. However, if probation terms are violated, the defendant must immediately serve the full original sentence.

In the U.S., a deferred sentence typically requires the defendant to plead guilty to at least one charge, often as part of a plea deal.

Deferred sentences are often given to first time offenders, or to those who have committed relatively minor crimes, although ultimately, the choice to defer a sentence is left to a judge’s discretion

What is a Background Check?

According to SLS, background checks offer a comprehensive look into an individual’s history and qualifications, extending beyond just criminal records [2]. While the specifics can vary depending on the service and purpose, here are some common elements:

Identity Verification
The initial stage of most background checks consists of identity verification. The first thing an employer usually needs to know is that the candidate they are considering is who they say they are. You’ll get confirmation of their name and address, which can confirm the information they shared on an application.

Social Security Validation
Following identity verification, social security numbers are checked to confirm eligibility to work in the U.S. This step validates the accuracy of the provided social security number and confirms the individual’s associated address.

Past Residences
Background checks may also reveal past addresses. This information can be useful for various purposes, such as verifying a tenant’s history or understanding an applicant’s stability, especially if they are relocating from another state.

Criminal Record
A key component of background checks is the criminal history section, which details any past convictions, pending cases, or incarceration records. This information is crucial for employers, especially for positions requiring trust and safety.

International Criminal History
For roles requiring global insight, background checks may include an international criminal record review, which is essential for verifying any criminal history outside the U.S.

Sex Offender Registry
Background checks will be conducted against the sex offender registry. This registry includes significant sexual offenses, providing an essential layer of protection for employers and the public.

Employment History
Employment verification is critical for confirming a candidate’s work experience and spotting any discrepancies on their resume. It provides a detailed history of previous positions and job roles.

Credit History
For certain roles, especially in finance, a credit history check may be included. This assesses an individual’s financial reliability and history, covering aspects such as debt, banking, and investments.

Driving Records
For jobs involving vehicle operation, driving records are examined. This review includes details on license status, driving violations, accidents, and points on the driver’s license, ensuring the individual meets the job’s requirements.

The Impact of Deferred Judgment on Your Life

According to CT, a deferred judgment, while not classified as a conviction, can still influence your life [3]. Although you can truthfully answer “no” to questions about having a criminal conviction, a deferred judgment will likely appear on criminal background checks unless it has been sealed.

In Colorado, most eligible cases can be sealed immediately upon successful completion of the deferred judgment. Even when you’ve successfully completed the terms of your deferred judgment and your case dismissed, all of the arrest records will likely still appear in your background with the Colorado Bureau of Investigation.

Related Articles:

• Is Pepper Spray Legal in Colorado?
• Colorado Gun Background Checks
• Can you Carry a Gun While Hiking in Colorado?

See all related personal injury lawsuits our attorneys covered so far.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://en.wikipedia.org/wiki/Deferred_sentence
2. https://www.scoutlogicscreening.com/blog/what-does-background-check-consist-of/
3. https://colawteam.com/deferred-judgment-why-waiting-can-be-in-your-best-interests/