How Long Does Minor in Possession Conviction Stay on Your Record in Greeley, Colorado?
MIP Attorney

If your child has been charged with Minor in Possession or needs an MIP record sealed, contact the O’Malley Law Office at 970-616-6009

In Greeley, Colorado, a Minor in Possession conviction happens when someone under the age of 21 is caught consuming alcohol or in possession of alcohol, marijuana, or drug paraphernalia. A Minor in Possession or MIP is often the first encounter young adults and teenagers have with law enforcement. If your child or you are facing a Minor in Possession charge or need to get a conviction sealed from your record, you will need an MIP attorney to help you navigate the Weld County Court System. Call the O’Malley Law Office to get answers to your questions about a Minor in Possession charge.

What is the Definition of Minor in Possession, C.R.S. 18-13-122, in Weld County?

The definition of MIP or Illegal Possession or Consumption of Ethyl Alcohol by an Underage Person, C.R.S. 18-13-122, in Weld County is:

A person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.

It is important to note, that possession can be subjective to the Greeley Police Officer that is present at the time. This could be alcohol within your reach, or characteristics of intoxication such as slurred speech or the smell of alcohol on your breath.

Penalties for Minor in Possession / MIP in Greeley, Colorado

An MIP or Minor in Possession conviction is an unclassified petty offense. The penalties are fines and substance abuse treatment or classes instead of jailtime. However the sentence gets more serious with each offense.

MIP Conviction Penalties
First Offense
  • $100 in fines
  • A drug education class
  • Dismissed from record after case is closed

 

2nd Offense
  • $100 in fines
  • A drug education class
  • Possibly a substance abuse assessment and treatment
  • Up to 24 hours of public service
  • On record for one year

 

3rd Offense or Subsequent Offenses
  • $250 in fines
  • A substance abuse assessment and possibly treatment
  • Up to 36 hours of public service
  • On record for one year

In Weld County, How Are MIP Cases Dismissed or the Record Sealed?

In Weld County, a first MIP case can be deferred to a court appointed program, instead of requiring the charged person to face criminal action. If the defendant pleads no contest or guilty, and completes the treatment program and terms, then the case will be dismissed.

Sealing the court record after a conviction of MIP is different than deferment or dismissal and depends on whether it is your first conviction or a subsequent one. If it is the first time you have received a Minor in Possession conviction, the record will be sealed when the case ends. If it is your second or subsequent conviction of Minor in Possession, it will remain on your record for one year. After that one year mark you will need to file to ask for it to be expunged. An experienced MIP attorney can be helpful to take you through this process.

If you or your child has been charged with Minor in Possession or needs an MIP record sealed, contact an experienced criminal defense attorney at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.

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