In Oct 2011 I received a convition for misdemeanor theft (drugs) and a 2 year deferred felony charge for theft (drugs). Was wondering when I...

Question

In Oct 2011 I received a convition for misdemeanor theft (drugs) and a 2 year deferred felony charge for theft (drugs). Was wondering when I should start the process for having the felony sealed/expunged. Have completed all my community service and have paid all court costs. Also what would be the approximate cost. Thanks in advance

Answer

You cannot start until the case gets dismissed via successful completion of the deferred. You can jump start the process if the DA's office will agree to early termination. Also, going by your ZIP code, check your plea paperwork; the El Paso County DA's office frequently puts a clause in their agreements whereby you agree to give up your right to expunge your record. If they put that clause in your agreement, you need to get the DA's permission to attempt to seal.

The filing fee is right around $400.00