M.T. v. People
269 P.3d 1219
Colo.2012Background
- MT pleaded guilty under a deferred judgment to attempted sexual assault on a child by one in a position of trust; the charged sexual assault on a child was dismissed.
- MT completed the deferred judgment four years later, and the charge was dismissed with prejudice.
- MT filed a petition to seal the criminal records under § 24-72-808(1), which the district court granted despite the prosecutor's objection.
- The court of appeals held MT’s records pertain to a conviction for which the factual basis involved unlawful sexual behavior and thus could not be sealed.
- This Court affirms, holding that the term 'conviction' for Exception (8)(c) includes deferred judgments, and thus sealing is barred.
- The case is remanded to vacate the sealing order in MT’s criminal case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a successfully completed and dismissed deferred judgment is a conviction for sealing purposes | MT argues the deferred judgment is not a conviction once dismissed. | People argues the deferred judgment falls within 'conviction' under Exception (8)(c). | Conviction includes deferred judgments for Exception (8)(c). |
Key Cases Cited
- Hafelfinger v. Dist. Court, 674 P.2d 375 (Colo. 1984) (acceptance of guilty plea in deferred context constitutes a conviction)
- People v. Allaire, 843 P.2d 38 (Colo. App. 1992) (deferred judgment-related convictions treated as convictions)
- Davidson v. Dill, 503 P.2d 157 (Colo. 1972) (privacy considerations for arrest records and balancing public interest)
- People v. Madden, 111 P.3d 452 (Colo. 2005) (statutory construction approach to meaning of terms)
