Colorado Criminal Records

Colorado criminal records are official documents that detail an individual's criminal history and their interactions with the state's various criminal justice agencies. These records contain information related to the arrest, indictment, and any other formal filing of criminal charges against the person, and they include arrest records, warrants, court dispositions, sentencing information, and incarceration records. According to recent crime data, Colorado has an overall crime index of approximately 36.40 per 1,000 residents, with a violent crime rate of 4.92 per 1,000 residents, generally higher than the national averages.

The Colorado Bureau of Investigation (CBI) - a division of the Colorado Department of Public Safety - manages the state's criminal history record information database and serves as the primary repository for Colorado criminal records. Nevertheless, other criminal justice agencies in the state, including local law enforcement agencies, the Colorado State Patrol, District and County Courts, and the Colorado Department of Corrections, also maintain copies of criminal records related to their specific activities.

Are Criminal Records Public in Colorado?

Criminal records in Colorado are generally considered public records under the Colorado Criminal Justice Records Act. This law grants interested members of the public the right to inspect and obtain copies of records generated and maintained by criminal justice agencies across the state, albeit with certain exceptions.

For instance, identifying information on sexual assault and child abuse victims is redacted from criminal records before being released to the public. Juvenile records and sealed records are also considered confidential, and access to these records is typically limited to authorized parties, such as the person named in the record, their legal representatives, and law enforcement agencies. Information related to active/ongoing law enforcement investigations, as well as records that may identify or compromise the safety of victims or witnesses, is also generally not publicly accessible.

How To Look Up Criminal Records in Colorado?

The Colorado Bureau of Investigation (CBI) offers two main methods for looking up criminal records in the state:

• Name-based Checks: These are available to the general public and provide information from the CBI's central repository based on the individual's name and date of birth. Requests may be submitted online via the Internet Criminal History Check (ICHC) System, and results are typically generated instantly. You will be charged a $6 fee per result viewed/downloaded (this fee is also charged if the search doesn't return any results). Note that criminal records generated online are not certified. To obtain an official/notarized criminal record, you will need to complete and submit a hard copy Public Request for Criminal History Record Information form, along with a $13 fee per name checked, to the CBI (using the contact details provided in the form). The notarized record will usually be mailed to you within 3 - 5 business days.
• Fingerprint-based Checks: These are typically provided for employment and personal background checks and require the person named on the record to electronically submit their fingerprints to the CBI through an approved vendor. Fees typically range from $16.50 - $39.50, depending on the scope of the background check (statewide or nationwide).

You may contact the CBI at (303) 239-4208 for additional information and inquiries concerning background checks and obtaining Colorado criminal records.

How To Search Colorado Arrest Records?

In Colorado, an arrest record is created when an individual is taken into custody by a law enforcement agency, typically local police departments, county sheriff's offices, or the Colorado State Patrol. These records generally contain information like:

• The arrestee's name, date of birth, and sex
• The arrestee's last known address
• The date and place of the arrest
• The agency that made the arrest
• The nature of the offense(s) that led to the arrest
• Booking, bail, and court information, where applicable

Colorado arrest records are primarily maintained by the agency that made the arrest, and you can typically access these records by contacting the specific agency, submitting an official request to their records unit/department, and paying any applicable fees. Note that the information contained in these records will be limited to a specific jurisdiction. However, you may also access statewide arrest information on an individual through the CBI's ICHC System.

How To Search Colorado Warrants?

Warrants in Colorado are court orders issued by judges or magistrates that authorize law enforcement officials to arrest a person, search a location, or take other specific actions. Common types of warrants issued in Colorado include:

• Arrest Warrants: These authorize law enforcement officers to take an individual accused of a crime into custody.
• Bench Warrants: These are issued for failure to comply with a court order, such as failing to appear in court for a scheduled hearing, and they authorize the apprehension of the individual in question.
• Search Warrants: These authorize law enforcement to search a specific location for evidence and seize items from this location, if necessary.

Once a warrant is issued in Colorado, it generally remains valid until it is executed or recalled/quashed by the court. However, this indefinite validity does not extend to search warrants - per Section 16-3-305(6) of the Colorado Revised Statutes, these warrants must be executed within 14 days of being issued. You can typically access warrant information in Colorado by contacting the local law enforcement agency in the county where you believe the warrant may have been issued or the court that issued the warrant. Some counties offer online warrant search platforms that may also be used to access this information. Note that information on arrest warrants yet to be executed may not be released to protect the integrity of the investigation.

Can I Obtain a Colorado Criminal History Record of Another Person?

You may obtain certain criminal history information about another person in Colorado through the Colorado Bureau of Investigation's ICHC System. You will be required to provide the person's full name and date of birth; you may also provide a Social Security number, maiden name, and aliases to refine the search and narrow down results.

There is a non-refundable $6 fee per search, and results are generated instantly. Be aware that the generated result will not include information on juvenile records (unless the person was adjudicated as an adult), traffic arrests that occurred when the person was less than 16 years old, and sealed records. Inquiries may be directed to the CBI at (303) 239-4208.

How To Expunge or Seal Colorado Criminal Records

Individuals with criminal records in Colorado may seal these records in line with the provisions of Article 72, Part 7 of the Colorado Revised Statutes. Sealing a record means that it will no longer be accessible to the public; however, the record may still be accessed by criminal justice agencies, including law enforcement. Note that if the person is convicted of another crime, the record may be unsealed and considered during sentencing. In addition to record sealing, Colorado provides for expungements in certain cases, usually limited to juvenile records and arrests made due to mistaken identity - when a record is expunged, it is completely erased, allowing the individual to legally deny its existence.

To seal/expunge your record in Colorado, you will typically be required to file a motion with the court that handled the case. This process generally involves the following steps:

• Determine eligibility. While most records may be sealed, certain offenses, such as DUIs, sexual offenses, and violent felonies, are ineligible for sealing. Expungements are even more restricted.
• Complete mandatory waiting periods. You will typically need to wait for a stipulated period after completing your sentence before the record may be sealed. This period is determined by the type of offense and ranges from one to three years. Note that if you wish to seal multiple convictions, you must complete the waiting period for each offense.
• Gather necessary documentation. These typically include case report numbers, court case numbers, arrest numbers, and a verified copy of your criminal history report (obtained from the CBI).
• Complete the appropriate forms. You may access these forms through the Colorado Judicial Branch's official website.
• File the forms. File the necessary documentation at the appropriate court and pay any applicable filing fees.
• Await the court's decision. Once the motion has been properly filed, the court will review it and may schedule a hearing before making its decision. If the motion is approved, relevant agencies will be instructed to seal the record within 30 days (of receiving the court order). However, if the motion is denied, you must wait for at least one year before refiling.

It should be noted that certain drug offenses may be eligible for automatic sealing after 4 - 10 years under Section 13-3-117 of the Colorado Revised Statutes. This does not typically require any action on the part of the person named in the record, unless the District Attorney objects, in which case a hearing may be requested.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Colorado?

The Fair Chance Act prevents federal agencies and contractors from asking about an applicant's criminal history before making a conditional job offer. Colorado has similar protections under Section 24-5-101 of the Colorado Revised Statutes, which restricts public employers and licensing bodies from broadly disqualifying individuals with criminal history records. However, exemptions are made for certain sensitive agencies/roles, such as law enforcement and childcare.

Guidance from agencies like the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD) also influences how criminal records can be used for employment and housing decisions in Colorado. These agencies generally discourage blanket bans and automatic denials based solely on criminal records and advise employers and housing providers to assess applicants on a case-by-case basis, with consideration to rehabilitation and mitigating circumstances.

Can I Access Colorado Criminal Records for Free Online?

While several private websites claim to offer free access to Colorado criminal records, the accuracy and reliability of these sources can be questionable. For comprehensive criminal history record checks, you should utilize official sources like the Colorado Bureau of Investigation's ICHC System or reputable third-party platforms that aggregate data from trusted public and private databases, like ColoradoPublicRecords.us.