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Begin by obtaining your criminal history records. You must attach a recent Colorado Bureau of Investigation fingerprint-based criminal history check to your application.
Complete the Application for an Order of Collateral Relief (JDF 238). Ensure all sections are filled, including your name and contact information.
In paragraphs 4 and 5, specify the collateral consequences you face due to your conviction and detail the relief you seek from the court.
Attach the required criminal history check and indicate if you want a hearing on your application in paragraph 8. Sign and date the application.
File your completed application with the court along with any necessary documents.
Within 10 days, provide copies of your application to the District Attorney and relevant regulatory bodies via certified mail or personal service.
Prepare for a potential hearing where you may need to testify about your application details.
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In order to do that, it is critical to understand whats at stake. This means analyzing the possible collateral consequences from any criminal record. Collateral consequences are the consequences beyond the terms and conditions of a criminal sentence, which is the custody time, fine, probation, etc.
What are collateral consequences in Colorado?
There can be many consequences to a criminal conviction beyond the conviction and sentence itself, including effects on a persons employment, housing, and immigration status. These are called collateral consequences.
What is a collateral consequence letter?
Collateral consequences compound the damage of an interaction with the legal system. These life-altering consequences position the legal system as a source of perpetual punishment that denies individuals and communities the stability they need to thrive.
What is collateral relief?
A Collateral Relief from an Unlawful Criminal Conviction Besides certain specific exceptions, PCR is a collateral relief that replaces several other common law remedies. One must file a PCR in the same court that rendered the challenged judgment of conviction and sentence.
What is the collateral source rule in Colorado?
Collateral Consequences (CC) are the other results of an arrest or an adjudication in juvenile court. Some CC occur in every case, others occasionally. Some CC are not discovered until years after juvenile. court jurisdiction has terminated. Some CC have permanent and life-changing effects.
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