Colorado Arrest Records

Arrest rates in Colorado typically reflect crime rates in the state. Violent and property crime rates in Colorado have consistently surpassed national averages, with motor vehicle thefts (MVT) showing a particularly sharp rise. From 2013 to 2022, MVT in Colorado rose by 231%, compared to a 28% increase nationwide. While overall crime rates in the U.S. declined during this period, Colorado experienced a steady increase.

Violent crime in Colorado rose by 61% from 2013 (305.4 per 100,000 residents) to 2022 (492.5). In contrast, the national violent crime rate grew by only 3% in the same period, from 369.1 to 380.7. Similarly, property crime in Colorado increased by 19%, while the United States saw a 29% drop, as Colorado's property crime rate climbed from 2,655 in 2013 to 3,148 in 2022, while the U.S. rate fell from 2,734 to 1,954.

As of 2022, Colorado's crime rate was 56% higher than the national average and exceeds that of seven neighboring states. Only New Mexico had a higher crime rate among the surrounding states, surpassing Colorado's by 3%.

What Is an Arrest Under Colorado Law?

Pursuant to Colorado Courts' definition, an arrest is when an individual exercises the government's power to seize or forcibly restrain a person, depriving them of their liberty. The purpose of an arrest is to bring them before a court to answer a charge, and it typically happens when there are legal grounds to believe that the individual arrested is involved in the commission or violation of law.

Type of Arrests in Colorado

There are generally two types of arrests in Colorado: warrant arrest and warrantless arrest.

Warrant Arrest

Colorado law enforcement may make a warrant arrest with an arrest warrant or bench warrant.

An arrest warrant in Colorado typically authorizes law enforcement to arrest and hold the individual named on the warrant in custody. To obtain an arrest warrant, a police officer must go to a neutral and detached magistrate, judge, or grand jury and present probable cause (via a written affidavit and sworn under oath) that an individual has committed a crime. Probable cause requires observation, circumstance, or evidence that provides a prudent person with the belief that an individual has committed a crime or that proof of criminal actions will be found. Evidence generally includes testimony given by a witness to the crime committed, statements given by law enforcement about their interactions with the person, or anonymous tips from members of the public. If the magistrate or judge finds that the evidence provided by the police officer is sufficient, they may issue an arrest warrant.

A typical Colorado arrest warrant includes the following:

• The name of the person to be arrested (if the name of the person is unknown, the warrant will include a clear description of the individual for the police to reasonably identify the person)
• The offense for which the person is to be arrested
• The time and location of the warrant
• The name of the judge who signed the warrant and their signature
• Limits of how the arrest may be made
• Details on the bail amount that may be posted by the arrestee

Bench warrants are similar to arrest warrants but different in that they are typically issued for failure to appear in court or follow court orders, such as not paying court-ordered child support, not responding to a jury duty summons, or ignoring or not paying a court-ordered fine or traffic ticket on time. Unlike an arrest warrant instigated by police officers, bench warrants originate from the court when an accused person violates a court order.

Arrest or bench warrants stay in effect until the persons named on them are arrested or the courts recall the warrants. Colorado arrest warrants enter the criminal records of the persons named on them and may be executed in another state.

Warrantless Arrest

Colorado criminal laws allow for law enforcement officers to make a warrantless arrest in specific circumstances, such as when:

• The person being arrested committed a misdemeanor in the presence of a police officer
• The arresting police officer has probable cause to believe that a crime has occurred or is occurring
• The arresting police officer has probable cause to believe the individual being arrested has committed a felony, and the arrest occurs in a public place
• There are exigent circumstances, an emergency, or proof would be destroyed, even if the arrest occurs inside the house of the arrestee

What Are Colorado Arrest Records?

Colorado arrest records are official records of a person's interaction with the state's law enforcement agencies. If you are arrested in the state, information about the arrest, such as the location, date, time, and nature of the crimes committed, will generally be included in a record for the arrest.

Although arrest records may be mistaken for criminal records, they are different. A criminal record may be more comprehensive documentation containing arrest record information and additional information about whether the person named on the record was charged and convicted of a crime. It also usually includes the sentence for the conviction as determined by the court.

You may find the following information in a Colorado arrest record:

• The full names of the arrestee, including any known aliases
• Demographic information about the arrestee, including race, age, and gender
• A physical description of the arrestee, including weight, height, eye, and hair colors
• The time and date of the arrest
• The arresting agency
• The offenses for which the arrestee was charged
• Booking number
• Bail amount

How Can Arrest Records Be Accessed in Colorado?

Colorado is an open records state under the state's laws. Hence, arrest records are public under the Colorado Open Records Act (CORA). Anyone may obtain these records as long as they are not sealed or restricted. You may access arrest records in Colorado through any of the following ways:

Colorado Judiciary Case Search

Once an individual has been arrested and charged, the case proceeds to the court, meaning arrest records are often linked to court proceedings. The Colorado Judicial Branch provides access to records maintained by the state courts, which may include arrest information. To access arrest records via this method, visit the website of the Colorado Judicial Branch. Search for case information by providing the person's name or a case number. From the search results, review the provided information for arrest results.

Local Police Departments

Police departments and county sheriff's offices are some of the first places to look when seeking an arrest record. You may contact the local law enforcement office that made the arrest to request access to their records. Typically, you may submit a request for an arrest record to a local police department by email, phone, or in person. Some jurisdictions may provide online access for requesters, allowing a search using the arrest date, name of the person on the record, or case number.

Third-Party Websites

Several third-party websites typically provide access to Colorado arrest records. However, while these websites charge a fee for access and claim to aggregate their records from various sources, including Colorado court records and law enforcement databases, their records may be incomplete or outdated.

Criminal Justice Information System

The Colorado Bureau of Investigation (CBI) maintains a database (Internet Criminal History Check System) generally containing detailed arrest information based on fingerprints provided by law enforcement agencies in the state. Arrests not resulting in getting fingerprinted are not included in the records maintained by the CBI database. A non-refundable fee of $6.00 applies to every search, regardless of whether results are found. If multiple records match the search criteria, the user must select at least one to view. Additional records may be viewed for an extra $6.00 per record.

Generally , to get the most accurate results from the CBI database, it is recommended that users provide the exact spelling of the individual's name (without suffixes), along with the correct date of birth and, if available, the Social Security number. The CBI will deny access to arrest records via its database except if the user agrees not to use the information obtained from the database for business solicitation or financial gain.

Alternatively, you may send a completed Public Request for Criminal History Record Information and the appropriate fee to:

Biometric Identification and Records Unit

690 Kipling Street

Suite 3000

Denver, CO 80215

Replies to mail applications are typically sent in 3-5 business days.

How Long Will an Arrest Report Stay on Your Colorado State Records?

Arrest records remain permanently on criminal records in Colorado except sealed by a court order. The state makes provision for the automatic sealing of certain arrest records per Section 24-72-704 (2) of the Colorado Revised Statutes:

• Arrest records with no conviction occurring between 1997 and 2002: The Colorado Bureau of Investigation will seal the records by January 1, 2026
• Arrest records with no conviction occurring between 2003 and 2007: The Colorado Bureau of Investigation will seal the records by January 1, 2025
• Arrest records with no conviction occurring between 2008 and 2012: The Colorado Bureau of Investigation will seal the records by January 1, 2024
• Arrest records with no conviction occurring between 2013 and 2018: The Colorado Bureau of Investigation will seal the records by January 1, 2013
• Arrests without a conviction occurring after January 1, 2019, but prior to January 1, 2022: The Bureau of Investigation will automatically seal an arrest record in its custody and control for a person with no criminal charges filed within three years after the date for a felony offense for which the statute of limitation is three years. The same will be done 18 months after the arrest date for a misdemeanor offense, misdemeanor traffic offense, a petty offense, a civil infraction, or a violation of the municipal ordinance for which the statute of limitation is up to 18 months if there is no indication of the crime's classification in the arrest data.
• Arrests on or after January 1, 2022: The Bureau of Investigation in the Department of Public Safety will automatically seal such records in their custody and control for an individual when no criminal charges have been filed within 12 months of the date of the arrest

Can You Expunge Your Arrest Records in Colorado?

While some states in the United States permit the expungement of arrest and criminal records, Colorado only allows limited types of records to be expunged. Records that may be expunged in the state generally include juvenile criminal records, underage drinking, and driving records, and arrest records for cases of mistaken identity. However, sealing, which makes a record inaccessible to the public but accessible to law enforcement and persons with a court order in limited circumstances, is available for:

• Arrests not resulting in criminal charges
• Dismissed cases
• Cases where the defendant was found not guilty of the charges brought against them after trial
• Criminal offenses that have received a full and unconditional pardon
• Cases where the defendant has completed a diversion agreement
• Cases where the defendant has completed a deferred judgment and sentence and all counts were dismissed

Note that records relating to sex crimes, DUIs, Level I drug felony offenses, Class 1,2, and 3 felonies, Class A or Class B traffic infractions, and Class 1 and 2 misdemeanor traffic offenses are ineligible for sealing.

Upon verifying that you are eligible to have your arrest record sealed in Colorado, the next step to initiate the record sealing is to obtain a copy of your criminal record. Note that you may consult with an attorney for guidance in determining that you are eligible for record sealing under Colorado laws. You may obtain your arrest records from the police departments, the court where the case was heard, and the Colorado State Criminal History. Afterward, complete the appropriate forms.

Typically, you will need the JDF 417 form (Petition to Seal Arrest and Criminal Records When No Charges Filed), JDF 435 form (Order denying Petition to Seal Arrest and Criminal Records When No Charges Filed), JDF 418 (Order to Seal Arrest and Criminal Records When No Charges Filed), and JDF 419 (Order and Notice of Hearing). File the completed forms with the district court and pay the applicable $224 petition fee (for each case to be sealed).

Consequently, the court will review the petition (which may take up to 8 weeks or more) and supporting documentation to determine if a hearing will be set, the petition denied, or the petition will be granted without a hearing. If no charges were filed and there is only an arrest record, a hearing will not be scheduled. However, if there is a conviction, a hearing will be set. A petition for record sealing will be denied without a hearing if the individual is ineligible, fails to complete the form fully, or submits it incorrectly.

Once the petition is approved, you must notify the Colorado Bureau of Investigation, pay a $65 fee, and inform any other agencies listed in the order with a signed copy. This action is crucial to ensure the record is sealed—failing to do so will leave the record unsealed. It may take up to 30 days after the court's order to seal, for the agencies involved to seal their records.

Is a Citizen's Arrest Legal in Colorado?

A citizen's arrest is an arrest made by a private individual and not a police officer . Colorado recognizes citizen's arrests, allowing citizens to detain an individual they suspect of committing a crime. The legal backing for a citizen's arrest in Colorado is outlined under Section 16-3-201 of the Colorado Revised Statutes. The statute states that an individual who is not a peace officer may arrest another individual when a crime has been or is being committed by the other person in the presence of the private individual making the arrest.

The limitations of a citizen's arrest in Colorado require that the private citizen making the arrest witness the crime firsthand. Alternatively, if they have probable cause to believe a crime is going on or has been committed, they may also make an arrest. Reasonable grounds for a citizen's arrest include witnessing the crime and having sufficient proof to suspect the individual.

Colorado generally regulates the use of force in making a citizen's arrest. Reasonable force is only advised when detaining the persons to be arrested. Excessive force may lead to legal repercussions, including thousands of dollars in fines and jail time. Per CRS 18-1-704, an individual may use physical force upon another individual to defend themselves or a third person from what they reasonably believe to be the imminent use or use of unlawful physical force by that other person. Colorado law requires a prompt handover of the arrestee in a citizen's arrest to law enforcement to reduce the risk of unlawful detention and ensure proper legal procedures are followed.

How to Look Up Arrest Warrants in Colorado

There are multiple ways to look up Colorado arrest warrants. These typically include:

Visiting Local Law Enforcement

Arrest warrant information may be obtained directly from the police department or county sheriff's office responsible for the arrest. Most law enforcement offices in Colorado have dedicated sections for warrants. These police departments provide contact information or search options on their websites, allowing individuals to inquire by phone or email or find search warrant information online. If you cannot find search warrant information online on the police department's website, you may visit the department in person. For instance, the Sheriff's Offices in Pueblo, Adams, and Weld Counties allow users to search warrants online.

Colorado Courthouses

Since arrest warrants are authorized by a judge before law enforcement may execute an arrest, the courthouses where warrants were issued typically maintain a record of the warrants issued there. Court clerks at Colorado courthouses may provide access to public court records, including warrants. You may need to contact the court clerk's office by phone or in person to obtain arrest warrant information. Some courts may also provide public online access to persons looking to search warrants issued in their courthouses. Whether visiting a courthouse in person or searching online, be prepared to provide identifying information, such as the person's name or the case number, to facilitate the search. For example, the Denver County court and the court in the City of Aurora permit online warrant searches.

Colorado Courts Site

The Colorado Judicial Branch provides a public search resource for searching statewide warrants. This online database generally offers the state's most comprehensive source of arrest warrants. It may provide a more straightforward, more affordable way to find search warrants without going to the courthouse or police departments.

Third-Party Websites

Some third-party websites generally aggregate data from multiple sources to offer warrant search services. These services may attract a small fee and provide convenient access to arrest warrant records. However, the accuracy and reliability of such websites and services may vary as they often contain outdated or incomplete information.

Hiring an Experienced Attorney

If you are facing difficulties locating an arrest warrant or need to be sure that no arrest warrants have been issued for you or a particular person, you may consider hiring an experienced criminal attorney to conduct a search for you. Attorneys have specialized knowledge and may have access to resources or networks within the criminal justice system that are not readily available to the public. A lawyer can contact local law enforcement, the courts, or other agencies to confirm whether an arrest warrant has been issued. Additionally, they may advise on the appropriate legal steps to take if a warrant exists.