A deferred sentence can affect gun rights, and in Colorado the answer depends on the charge and on where you are in the process. A Colorado deferred judgment begins with a guilty plea. If you complete every condition, the plea is withdrawn and the charge is dismissed with prejudice. If you violate a condition, the court enters a conviction and sentences you.
Federal gun law leaves the question of what counts as a “conviction” to the law of the state where the case was handled. Colorado’s gun statute does not say whether a deferred judgment that is still in progress counts as a conviction. In a domestic violence case, Colorado law requires a no-firearms condition during the deferral no matter how that question is answered.
Key Takeaways
- A Colorado deferred judgment starts with a guilty plea. If you complete it, the plea is withdrawn and the charge is dismissed with prejudice. If you violate it, the court enters judgment and imposes a sentence.
- Federal law bars gun possession after a conviction for a crime punishable by more than one year in prison, but it lets the state where the case was held decide what counts as a conviction.
- Colorado’s gun statute, C.R.S. 18-12-108, does not say whether a deferred judgment still in progress is a conviction. That question is answered by case law this page does not cover.
- In a domestic violence case, the deferred judgment must include a condition that you not possess a firearm.
- Once a deferred judgment is completed, the court seals the case records in most cases without any motion from you. There is no separate petition in Colorado’s gun statute to restore rights after a completed deferred judgment.
What Colorado Law Provides
- How a deferred judgment works. After a guilty plea, and with the written consent of the defendant, the defense attorney, and the district attorney, the court may put off entering judgment and sentence for up to four years on a felony, or up to two years on a misdemeanor, petty offense, or traffic offense (C.R.S. 18-1.3-102(1)).
- Completion and violation. If you fully comply, the guilty plea is withdrawn and the charge is dismissed with prejudice. If you breach a condition, the court enters judgment and imposes sentence on the guilty plea (C.R.S. 18-1.3-102(2)).
- Gun advisement. Every deferred judgment stipulation must contain a written advisement of what the possession-by-previous-offender statute prohibits and its penalties (C.R.S. 18-12-108(6)(b)).
- Colorado’s gun ban. It is a class 5 felony to knowingly possess, use, or carry a firearm after a conviction for a felony on the list of crimes in C.R.S. 24-4.1-302(1) or one of the felonies listed in C.R.S. 18-12-108(7) (C.R.S. 18-12-108(1), (2), (7)). Neither list covers every felony.
- Domestic violence cases. When the underlying facts include an act of domestic violence, the deferred judgment stipulation must include the conditions in C.R.S. 18-1.3-204(2)(b) (C.R.S. 18-1.3-102(2)). One of those conditions is that you refrain from possessing a firearm, destructive device, or other dangerous weapon. The court or probation officer may give written permission only if your job requires it, the court finds your possession does not endanger the victim or the victim’s children, and the weapon is stored away from the home and yard.
- Domestic violence convictions. If a domestic violence case ends in a conviction, the court must order you to refrain from possessing or purchasing firearms or ammunition until your sentence is satisfied and to relinquish any you have (C.R.S. 18-6-801(8)).
- Sealing. When you complete a deferred judgment and all counts are dismissed, the court must order the records sealed on its own motion, without any written motion from you (C.R.S. 24-72-705(1)).
Understanding Deferred Sentences
In Colorado, a deferred sentence is called a deferred judgment and sentence. You plead guilty, but the court does not enter a conviction or a sentence right away. Instead, you sign a written stipulation with the district attorney, and its conditions are similar to probation (C.R.S. 18-1.3-102(2)).
If you follow every condition for the full period, the guilty plea is withdrawn and the charge is dismissed with prejudice. If you do not, the court enters judgment on your guilty plea and sentences you.
During the deferral, the guilty plea is on file and the charge has not been dismissed. That in-between status is why the gun question is hard. Colorado’s statutes do not use one definition of “conviction” for every purpose, so whether a deferred judgment counts depends on which law is being applied.
Federal Gun Laws and Criminal Convictions
Federal law makes it a crime for a person who has been convicted in any court of a crime punishable by imprisonment for more than one year to ship, transport, possess, or receive a firearm or ammunition (18 U.S.C. 922(g)(1)). That definition does not include a state misdemeanor punishable by two years or less (18 U.S.C. 921(a)(20)).
Federal law does not decide on its own whether a deferred judgment is a conviction. The statute says: “What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held.” (18 U.S.C. 921(a)(20)). For a Colorado case, that means Colorado law.
The same section says a conviction that has been expunged or set aside, or for which a person has been pardoned or had civil rights restored, does not count, unless the pardon, expungement, or restoration expressly says the person may not have firearms (18 U.S.C. 921(a)(20)).
Some misdemeanors also trigger the federal ban. A person convicted of a misdemeanor crime of domestic violence may not possess a firearm or ammunition (18 U.S.C. 922(g)(9)). That term is defined in 18 U.S.C. 921(a)(33). That definition does not contain the sentence that sends the conviction question to state law, so the statute text alone does not answer whether a Colorado deferred judgment counts for this ban.
A separate federal rule applies while a felony-level charge is pending. A person under indictment for a crime punishable by more than one year may not ship, transport, or receive a firearm or ammunition (18 U.S.C. 922(n)). For this rule, “indictment” includes an information (18 U.S.C. 921(a)(14)). Whether this rule reaches a person partway through a felony deferred judgment is not answered by the statute’s text.
State Variations in Deferred Sentence Impacts
Other states treat deferred sentences in their own ways, and this page does not cover them. Within Colorado, the statutes themselves answer the “is it a conviction?” question differently depending on the purpose:
- For certain probation-eligibility rules, “conviction” does not include a plea to a deferred judgment until the deferred judgment is revoked (C.R.S. 18-1.3-201(5)).
- For collecting court-ordered money, “conviction” includes a deferred judgment, but a person is not deemed convicted after successfully completing it (C.R.S. 18-1.3-602(2)).
- Colorado’s gun statute, C.R.S. 18-12-108, does not define “conviction” at all.
Because the gun statute is silent, whether a pending Colorado deferred judgment counts as a conviction for firearm purposes is a question for case law. If you are on a deferred judgment for a felony or a domestic violence offense, get advice on your specific case before you possess, buy, or receive a firearm.
How Deferred Sentences May Affect Gun Ownership
Several factors decide how a deferred judgment affects your ability to own firearms: the stage of the case, the type of charge, and whether the case involves domestic violence.
| Factor | Impact on Gun Ownership |
|---|---|
| Stage of the case | During the deferral, the guilty plea stands and the charge is pending. After completion, the plea is withdrawn and the charge dismissed with prejudice (C.R.S. 18-1.3-102(2)) |
| Violating the conditions | The court enters judgment and sentence, and the resulting conviction can trigger the state and federal bans |
| Domestic violence | A no-firearms condition is required during the deferral (C.R.S. 18-1.3-204(2)(b)); a conviction brings a relinquishment order (C.R.S. 18-6-801(8)) and can trigger the federal ban (18 U.S.C. 922(g)(9)) |
| Type of felony | Colorado's ban covers felonies on the lists in C.R.S. 24-4.1-302(1) and 18-12-108(7); the federal ban covers crimes punishable by more than one year |
| Record sealing | A completed deferred judgment is sealed in most cases (C.R.S. 24-72-705); whether sealing counts as "expunged" under federal law is not settled by the statute text |
Because these factors interact, and some of the key questions are decided by case law rather than statute, talk to a lawyer about your specific case before you rely on any general rule.
Steps to Restore Gun Rights After a Deferred Sentence
If you complete the deferred judgment. The guilty plea is withdrawn and the charge is dismissed with prejudice (C.R.S. 18-1.3-102(2)). The court must order the records sealed at the time of disposition without a written motion. If the court does not, the Colorado Bureau of Investigation must seal the record when it receives the disposition (C.R.S. 24-72-705(1)). If automatic sealing does not happen, you can file a written motion to seal (C.R.S. 24-72-705(2)).
Some deferred judgments are not eligible for sealing, including certain traffic cases involving a commercial driver’s license or commercial vehicle, and felony deferred judgments whose factual basis involved unlawful sexual behavior (C.R.S. 24-72-703(12)(d)). Sealing also does not stop courts, law enforcement, or agencies required by law to run criminal history checks from seeing the record (C.R.S. 24-72-703(2)(a)(I)).
If the deferred judgment is revoked. You then have a conviction. The only petition in Colorado’s gun statute, C.R.S. 18-12-108(3)(b), applies to juvenile adjudications, not adult convictions. Sealing a conviction does not erase it: “An order sealing conviction records does not vacate a conviction.” (C.R.S. 24-72-703(2)(a)(II)). Under federal law, a conviction that is expunged, set aside, or pardoned, or for which civil rights are restored, does not count unless the relief expressly bars firearms (18 U.S.C. 921(a)(20)).
Whether a particular form of Colorado relief qualifies under that federal provision is not answered by the statute text. A lawyer can review your record and tell you which state and federal rules apply before you try to buy or possess a firearm.
Frequently Asked Questions
Can a Deferred Sentence Be Converted to a Conviction Later?
Yes. If you breach a condition, the court enters judgment and imposes sentence on your guilty plea. The district attorney or a probation officer may apply at any time during the deferral or within 35 days after it ends. The court decides the question without a jury, on at least seven days’ notice, and the standard is a preponderance of the evidence (C.R.S. 18-1.3-102(2)).
For drug offenses under article 18 of Title 18, the court has another option. After making findings on the record, it may continue the deferred judgment instead of entering a conviction. If it does so over the prosecution’s objection, it must also impose additional sanctions, which can include extending the deferral up to two more years or up to 90 days in county jail, or both (C.R.S. 18-1.3-102(2)).
Do Deferred Sentences Affect Employment Background Checks?
While the deferral is running, the case is open and has not been sealed. After you complete it, the records are sealed in most cases (C.R.S. 24-72-705(1)).
Once records are sealed, you may reply to an inquiry that public criminal records do not exist. Employers, landlords, and government agencies may not require you to disclose information in sealed records, and you may state that you have not been criminally convicted (C.R.S. 24-72-703(2)(b), (2)(d)(I)). There are exceptions, including agencies required by law to run criminal history checks, the Colorado bar committee, and the Department of Education for licensed educators (C.R.S. 24-72-703(2)(a)(I), (2)(d)(II)-(III)).
Are Deferred Sentences Sealed Automatically After Completion?
In Colorado, usually yes. The word Colorado uses for adult records is sealing, not expungement. When you complete a deferred judgment and all counts are dismissed, the court must order the records sealed on its own motion, and it may not require a written motion. If the court does not, the Colorado Bureau of Investigation must seal the record when it receives the disposition (C.R.S. 24-72-705(1)).
Exceptions include certain commercial driver’s license traffic cases and felony deferred judgments involving unlawful sexual behavior (C.R.S. 24-72-703(12)(d)). If sealing does not happen automatically, you can file a written motion (C.R.S. 24-72-705(2)).
How Do Deferred Sentences Impact Immigration Status?
Federal immigration law has its own definition of “conviction.” It includes a case where adjudication of guilt has been withheld, if the person pleaded guilty (or no contest, or admitted enough facts to support a finding of guilt) and the judge ordered some form of punishment, penalty, or restraint on liberty (8 U.S.C. 1101(a)(48)(A)).
A Colorado deferred judgment begins with a guilty plea and carries conditions similar to probation, so it can fit that definition. A noncitizen should talk to an immigration attorney before agreeing to a deferred judgment.
Can Deferred Sentences Be Used Against You in Civil Cases?
Deferred sentences can have significant legal implications in civil cases. While they typically do not result in a formal conviction, the underlying conduct may still be considered in determining civil liability. Courts may view the deferred sentence as evidence of wrongdoing, potentially impacting outcomes in lawsuits or disputes. Understanding how a deferred sentence might influence civil matters is crucial for navigating potential legal risks with empathy and clarity.