Colorado Deferred Judgments: How to Avoid a Conviction in Denver & Colorado Springs
Deferred judgments and sentences allow individuals charged with certain crimes to avoid conviction if they complete prescribed requirements during a probationary period. If you’re facing a criminal conviction, obtaining a deferred judgment could help you get the charges dismissed. This article explains what a deferred judgment is, how it works, who is eligible, and how the process typically unfolds in Denver and Colorado Springs courts.
- Key Takeaways
- What Is a Deferred Judgment?
- Deferred Judgment vs. Probation vs. Diversion
- Deferred Judgments in Denver and Colorado Springs Courts
- What It Takes to Win a Deferred Judgment
- Who Is Eligible for a Deferred Judgment in Colorado?
- When a Deferred Judgment May Not Be the Right Choice
- How Long Does the Deferred Judgment Last?
- What Happens if I Violate the Terms of the Probationary Period?
- Find Out if You Qualify for a Deferred Judgment
Key Takeaways
A deferred judgment lets you avoid a conviction by completing a probationary period, after which the charge is dismissed with prejudice under C.R.S. 18-1.3-102 and, most of the time, eligible for automatic sealing.
The defendant and prosecutor must all agree—deferrals are typically reserved for those with minimal-to-no prior criminal history.
A deferred judgment is a contractual agreement between a defendant and a prosecutor. The court only has discretion to accept or reject the proposed deferred judgment with the conditions agreed upon by the parties.
Deferrals last up to two years for misdemeanors and four years for felonies.
If you break your probation rules, the court will generally enter your guilty plea and proceed to sentencing.
Signing a deferred judgment agreement requires an entry of a guilty plea for the duration of the probationary period and waives your right to trial.
If the deferred judgment is successfully completed, the charges are then dismissed, and are now eligible for automatic sealing by the Court. For older deferred judgments. A criminal defense attorney can help you to petition the Court to seal the case records.
Local practice differs: Denver-area and Colorado Springs (4th Judicial District) prosecutors don’t handle deferral negotiations in the same way.
What Is a Deferred Judgment?
A deferred judgment in Colorado is a plea arrangement under C.R.S. 18-1.3-102 that allows a defendant to avoid a permanent conviction by completing a probationary period—after which the guilty plea is withdrawn, and the charge is dismissed with prejudice and eligible for automatic sealing by the Court.
Deferred judgments give a defendant the chance to put a criminal case on hold while completing a period of probation. During that time, the court expects the defendant to stay out of trouble and comply with all conditions of the deferred judgment that were agreed upon by the parties. Your defense attorney can’t arrange a deferred sentence on their own—you and the prosecutor must agree to the terms. The court has discretion only to accept or reject the agreement because it is a contract between the defendant and the prosecution.
How Does a Deferred Judgment Work?
If you receive an offer from the prosecutor for a deferred judgment and sentencing, you agree to plead guilty to the charge(s), and the court holds off entering that plea while your probationary period plays out. Under C.R.S. 18-1.3-102(2), if you satisfy all the probationary requirements, your guilty plea is withdrawn, and the charge is dismissed with prejudice.
A dismissal with prejudice means the prosecutor cannot bring the same charges against you again, and once the charges are dismissed, you will most likely be able to have your record sealed so that it’s no longer visible to the public.
Note: When you sign a deferred judgment agreement, you waive your right to trial.
While most charges are eligible for automatic sealing after successful completion of a deferred judgment, you will want to confirm with your criminal defense attorney that the specific charges in your case are eligible for sealing.
Conditions of Deferred Judgments
The conditions for a deferred judgment depend on the specific charges, your criminal history, and the agreement reached between you and the prosecutor. In other words, they’re tailored to each case and each person. These may include different requirements, such as:
no additional arrests
monitored sobriety through random drug and alcohol screenings
domestic violence counseling
avoid certain people or places
payment of fines or restitution to victims
community service
remain employed
Deferred Judgment vs. Probation vs. Diversion
These three outcomes are easy to confuse, but the differences are significant for your record. Here is how they compare in Colorado:
Feature | Deferred Judgment | Probation | Diversion |
Conviction entered? | No — if all conditions are successfully completed | Yes — conviction enters permanently upon entry of guilty plea | No |
What happens on success | Guilty plea withdrawn, case dismissed | Sentence completed; conviction remains | Charges dropped |
Guilty plea required? | Yes (held, not entered) | Yes | No |
Typical length (CO) | Up to two yrs (misd.) / four yrs (felony) | Varies by sentence | Up to two yrs, with possible one yr extension |
Record impact | Usually eligible for automatic sealing after dismissal | Stays on record unless petitioned to be sealed later | Eligible to seal after dismissal |
Sometimes referred to as “deferred prosecution,” and similar to deferred judgments, diversion functions as a rehabilitative alternative to prosecution. It permits defendants to address the underlying causes of their behavior under supervision, which is less formal and restrictive than probation, and results in the complete dismissal and sealing of charges and the restoration of their pre-arrest status upon successful completion.
Deferred Judgments in Denver and Colorado Springs Courts
Deferred judgments are governed by the same statute statewide, but how readily they are offered—and on what terms—can vary by jurisdiction and prosecutor. Understanding local practice is often the difference between a deferral and a conviction.
Local insight: In Denver Metro-area courts, first-time offenders are typically offered a deferred judgment in the majority of misdemeanor cases, except for cases involving alcohol-related driving charges such as DUI/DWAI.
What It Takes to Win a Deferred Judgment
Winning a deferred judgment rarely comes down to a single argument. It takes a criminal defense attorney to investigate every angle, anticipate how a case will look at trial, and give the prosecutor a reason to negotiate.
When our attorneys approach a case with a possible deferred judgment, they will:
Evaluate the details of your charges and your criminal history to determine if you qualify.
Work directly with the district attorney and the court to reach an agreement.
Guide you through the final steps to ensure records are sealed or expunged.
If your case involves a minor, the juvenile process is different—see our related guide on the deferral of adjudication for juveniles in Colorado.
Building a Case the Prosecution Takes Seriously
The work begins with a thorough investigation of the facts. Your attorney will gather evidence that tells your side of the story, such as:
text messages
photos of injuries
timelines
witness accounts
They’ll look for weaknesses in the prosecution’s case, including scrutinizing the state’s witnesses, such as medical or forensic experts, and their testimony.
When the goal is a deferred judgment, we aim to show the district attorney what they’ll be up against if your case goes to trial. By laying out the strengths of your case, the holes in theirs, and your personal circumstances — such as a clean record and no likelihood of reoffending — we give prosecutors a realistic view of their risk of losing. That is a deliberate strategy: it opens the door to negotiating a better outcome for you, often a reduced charge with a deferred judgment.
Examples of Deferred Judgments We Obtained for Our Clients
Example 1: In a 2025 case, I put this approach to work for a client who was charged with Class 4 felony second-degree assault by strangulation, with a domestic violence enhancer — an extraordinary risk crime carrying two to eight years in prison. My client, who had no prior criminal history, maintained he had acted in self-defense when the alleged victim attacked him as he drove down the highway, hitting him, grabbing the wheel, and trying to jump from the moving car.
The prosecution was prepared to have a forensic nurse testify that the broken blood vessels in the alleged victim’s eyes were from strangulation. But my investigation not only showed that the alleged victim became increasingly intoxicated on the night of the incident, but that the broken blood vessels in the eyes could have been caused by vomiting, coughing, and even the antidepressants she was known to take.
When I laid out these weaknesses for the district attorney alongside my client’s clean record, the prosecutor got a clear picture of the risk of going to trial.
As a result, the felony charge was dismissed, and my client agreed to a deferred judgment on a single count of misdemeanor assault. Upon completing 12 months of probation, a domestic violence evaluation, and DV classes, his guilty plea would be withdrawn, the case dismissed, and the record sealed.
These allegations could have severely changed my client’s life. But our thorough investigation enabled our client to move forward with a clean record rather than prison time and the consequences of a felony.
Read more about this case and watch the video on how we helped this client obtain a deferred judgment.
Example 2: A client sought the help of our Criminal Defense Team after being charged with two counts of assault that included a domestic violence enhancer. Our attorneys successfully negotiated a reduced charge of fighting in public with the district attorney, and the court agreed to give our client a deferred judgment. When our client completes the probationary period, the guilty plea to fighting in public will be withdrawn, and the case will be dismissed.
Example 3: After being charged with criminal mischief for damaging someone’s vehicle, an individual reached out to R&H for help. Following discussions with the prosecutor, we reached a deferred judgment agreement. Our client agreed to pay for the damage to the vehicle and stay out of trouble for one year. As long as our client adheres to these provisions, the charge will be dropped, and the case dismissed.
Who Is Eligible for a Deferred Judgment in Colorado?
Deferred judgments are most often granted to individuals with little or no criminal history. That said, people charged with higher-level felonies may also qualify in the right circumstances. However, courts generally will not allow deferred judgments for defendants charged with violent crimes.
When a Deferred Judgment May Not Be the Right Choice
A deferred judgment isn’t always the best choice in every case. Because you must plead guilty for the plea to be held, a violation can lead straight to sentencing without a trial. If the evidence against you is weak, fighting the charge outright may be the stronger path. A deferral can also carry strict conditions that are difficult to meet, and certain collateral consequences—immigration status, professional licensing, or security clearances—can be affected even by a deferred plea. An experienced attorney can honestly tell you whether a deferred judgment is appropriate for your specific situation.
How Long Does the Deferred Judgment Last?
Typically, a deferred judgment lasts somewhere between six months and four years. State law caps felony deferred judgments at four years, and for misdemeanors, petty offenses, and traffic offenses, the deferral cannot exceed two years. The clock starts on the date the court postpones the case.
Can Deferred Judgments Be Extended?
Yes, in certain situations, the court has the authority to extend a deferred judgment beyond its original term.
Sex Crimes - State law allows the court to extend deferred judgments for sex crimes by up to two years if good cause is shown and the prosecutor and defendant agree. C.R.S. § 18-1.3-102 (1)(II)
Restitution Continuation - The court may also grant a defendant additional time to pay restitution if it’s the only remaining requirement. The extension is available only when the reason for nonpayment is inability to pay, not unwillingness to pay. State law allows the court to give a defendant up to 182 additional days to pay the restitution if they can show they can pay in the future.
What Happens if I Violate the Terms of the Probationary Period?
If you violate the terms of a deferred judgment, the court will generally enter your guilty plea and proceed to sentencing. There is a narrow exception. If the violation is related to Colorado’s Uniform Controlled Substances Act of 2013, the court may choose to continue the deferred judgment in certain circumstances.
The court can continue the probation if the following are true:
the entry of judgment and sentencing will not be consistent with the purposes of sentencing,
the defendant will be better served by continuing the deferred judgment period, and
public safety will not be jeopardized by the continuation of the deferred judgment.
If the court chooses to continue the deferred judgment despite the prosecution’s objections, the court is required by law to impose immediate penalties to address the violation. In addition to the requirements already in place, new sanctions must include:
a response to the defendant’s noncompliance,
terms and conditions that will enhance the likelihood of the defendant’s success,
promote further individual accountability, and
extend the deferred judgment period for up to two additional years, or sentence the defendant to no more than 90 days in county jail, or both.
Find Out if You Qualify for a Deferred Judgment
A deferred judgment isn’t guaranteed, but it may be possible if you have the right attorney and strategy. If you’re facing criminal charges in the surrounding metro areas of Denver, Colorado Springs, our criminal defense attorneys can evaluate your situation and fight for the best possible outcome.
Connect with a Colorado criminal defense attorney to find out if a deferred judgment is right for you. Call 303-688-0944 for a consultation or book online.
A deferred judgment puts a criminal case on hold while you complete a probationary period. You plead guilty, but the court doesn’t enter the plea. If you finish all the conditions of your probation, the plea is withdrawn, and the charge is dismissed with prejudice under C.R.S. 18-1.3-102.
No. As long as you complete the conditions of your probation, no conviction is entered, and the charge is dismissed. The case doesn’t automatically disappear from your record, though—you may need to petition to have it sealed afterward.
It can appear while it’s active and even after dismissal, until the record is sealed. Once the charges are dismissed, you may be eligible to ask the court to seal the record from the general public.
Usually, six months to four years. Felony deferred judgments can’t exceed four years; misdemeanors, petty offenses, and traffic offenses can’t exceed two years.
Most often, people charged with lower-level offenses who have little or no criminal history can be eligible for a deferred judgment in Colorado. Higher-level felonies can sometimes qualify, but courts generally won’t grant them in violent crime cases. The prosecutor and the court must both agree.
Yes, though it’s less common compared to a misdemeanor. A felony deferred judgment can’t last longer than four years.
The court will generally enter your guilty plea and sentence you if you violate a deferred judgment. For certain controlled-substance violations, the court may instead continue the deferred judgment if specific findings are met, but it must impose additional sanctions.
With probation, you’ve already been convicted, and it stays on your record. With a deferred judgment, no conviction is entered if you complete the conditions—the case is dismissed instead.