What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
Table of Contents
What is Considered an Arrest in Colorado?
Arrest under Colorado law generally refers to taking a person into custody by authorized persons to hold them accountable for criminal offenses. The Colorado Revised Statutes (CRS) §16-3-102 outlines how an arrest can occur in the state. Per the law, peace officers may legally detain a person anytime and anywhere, provided a valid arrest warrant or probable cause exists to believe the person committed the crime.
Article II, Section 7 of the Colorado Constitution and the Fourth Amendment generally provides the legal framework for lawful arrests. The law protects citizens from unlawful searches and seizures by law enforcement officers. While Section 16-3-101(2) of the C.R.S. permits law enforcement to use reasonable force to make an arrest, the arrest must be based on probable cause to comply with the Fourth Amendment and the state's constitution.
Several legal principles define and guide the detention process in Colorado. They typically include:
- Custody and Control: Custody is the restriction of a person's movement by peace officers following an arrest. Custody places arrested persons under the physical control of law enforcement officers.
- Legal Authority: All arrests must be backed by legal authority. The legal authority to arrest individuals is supported by Section 16-3-108 of the C.R.S., permitting peace offices to arrest a person based on an arrest warrant. Likewise, Section 16-3-102 generally allows police officers to detain individuals if they have probable cause to believe that a felony has been committed.
- Miranda Rights: Colorado law generally requires law enforcement officers to inform arrested persons of their Miranda rights before custodial interrogation. Miranda rights include the right to remain silent, the right to an attorney, and a court-appointed attorney where the individual cannot afford one.
- Restraint and Transport: After arrests, law enforcement officers restrain arrested persons. Typically, restraints involve using handcuffs to prevent the person from escaping or causing harm to themselves and law enforcement officers. Per Section 16-3-107 of the C.R.S., peace officers are responsible for ensuring the safe transport of arrested individuals to the detention facility.
- Booking Process: on arrival at the detention center, police officers document the arrests of the individual. The booking process involves recording the personal details of the arrested individual, collecting their fingerprints, taking their mugshots, and confiscating and documenting personal property for safekeeping.
In Colorado, arrests may occur under various circumstances, ranging from criminal offenses to violations of court orders. A person caught entering a private residence without permission steals from the property. The individual may be arrested for the criminal offense of burglary. Individuals may get arrested based on a warrant issued by the courts for failure to appear for a previous charge. An arrest for traffic violation happens when police officers observe impairment at a DUI checkpoint, and the driver fails a sobriety test. Individuals who become disruptive in public may be arrested for public order offenses of disorderly conduct.
Arrests differ from detention. While both concepts restrict a person's movement, they vary in terms of the purpose, the duration, and the legal justification. The purpose of arrest is to take someone into custody to face criminal charges. Arrests are generally based on probable cause -factual evidence to believe that the person committed or is about to commit a crime. Arrest leads to custody at a detention facility and may result in a lengthy period of confinement. Detention is temporarily restraining an individual's freedom and law enforcement, usually for investigative purposes. Detention is for a short time and is based on suspicion rather than probable cause.
What is Unlawful Arrest in Colorado?
Unlawful arrests generally occur when law enforcement officers detain or take a person into custody without following proper legal procedures or violating the individual's rights during the arrest process. Unlawful arrest is illegal and may result in grievous legal consequences for the arresting officers and law enforcement agencies. For an arrest to be deemed unlawful, one of the following must be present during the arrest:
- Lack of Probable Cause: Per Section 16-3-102(1)(c) of the C.R.S., an arrest is only lawful if there is probable cause. Probable cause is the legal standard for all arrests in Colorado. Arrests without probable cause are unlawful.
- Violation of Constitutional Rights: Any arrest that violates a person's constitutional right is unlawful. The Fourth Amendment protects individuals against searches and seizures, while the Fifth Amendment protects against self-incrimination. Colorado statutes affirm these positions, requiring probable cause for arrests in Section 16-3-102 and reading arrested persons their Miranda rights per Section 16-3-401.
- Arrest Without a Warrant: Section 16-3-102(b) and (c) of the C.R.S. permits warrantless arrests where officers witness a misdemeanor crime committed or there is probable cause to believe the person committed a felony. However, arrests without warrants and based solely on mere suspicion are unlawful.
- Mistaken Identity: Where law enforcement officers fail to follow proper identification procedure, and it results in arresting the wrong person, that arrest is unlawful.
- Racial Profiling and Discrimination: Any arrest based on racial profiling or other discriminatory factors violates state and federal law. Arrests based on racial profiling involve targeting individuals based on their race, ethnicity, or national origin rather than evidence of wrongdoing. Detaining persons on these grounds is illegal.
- Arrest Outside Jurisdiction: Police officers cannot legally make arrests outside their jurisdiction unless they are in fresh pursuit of a suspect per Section 16-3-106 of the C.R.S. or have legal authority through coordinating with the local law enforcement agency of that jurisdiction. Outside these provisions, arrest across jurisdictional lines is illegal.
- Procedural Violation: Arrests that violate proper legal procedures, such as the use of excessive force during the arrests or failure to inform arrested persons of the charges, render the arrest unlawful.
Unlawful arrest generally violates the constitutional rights of arrested persons, but it may lead to significant legal consequences. Per Section 16-3-308 of the C.R.S., evidence obtained through unlawful arrests is inadmissible in court. Also called the exclusionary rule, evidence obtained after a person's constitutional rights are violated is illegal and must be suppressed. Persons wrongfully arrested may file a civil rights lawsuit against the arresting police officer or agency. The affected person may file a lawsuit based on 42 U.S.C. § 1983. Unlawful arrests may also lead to the dismissal of the charges, especially where the arrest infringes on the arrested person's constitutional rights.
Are Arrest Records Public in Colorado?
Arrest records are public records in Colorado. The Colorado Open Records Act (CORA), codified C.R.S. § 24-72-201, generally permits public access to records maintained by government agencies, including law enforcement. Per the law, records created and maintained by public bodies institutions, typically including arrest records, are open to anyone for inspection and copying, except such records are specifically exempted from the public.
Although arrest records are accessible to the public, not all information on the records is open to the public. Per state law, the following information on available arrest records is open to the public:
- Personal information which contains identifying details about the arrested person, such as the full name, date of birth, and physical description
- Arrest details which contain information on the circumstances of the arrests, including the location, date, and time of the arrest
- The law enforcement agency responsible for the arrests and information on the arresting officer
- The criminal charges for which the individual was arrested
- The booking information, such as fingerprinting, mugshots, and the name of the holding facility
- The court information, including court dates, court location, and judge-assigned
Although some states restrict access to mugshot information on arrest records due to concerns of misuse by third parties, mugshots are generally considered part of public records. They are open to the public in Colorado. They are withheld when they are part of public records exempted by law, such as sealed or expunged arrest records.
While most information on arrest records is available to the public, some information is confidential and is restricted to protect sensitive information, the privacy of the person named on the record, or law enforcement investigations. Consequently, juvenile arrest records, sealed or expunged arrest records, and arrest records part of an ongoing investigation are withheld from the public. Furthermore, sensitive personal information such as Social Security numbers, banking or financial records, and medical information in arrest records are publicly inaccessible. Usually, personal identifiers on arrest records are redacted from public records.
What are the Types of Arrest Records in Colorado?
The types of arrest records available to the public in Colorado vary based on the scope and jurisdiction of the law enforcement agency that creates and keeps the record. Typically, arrest records are maintained at the local law enforcement agency level and the state-level agencies.
Local law enforcement agencies focus on arrests within a specific country, municipality, or police department. Local law enforcement agencies in Colorado comprise local police departments and county sheriff's offices. The local police department operates within city and town limits. County sheriff's office handles arrests made in unincorporated areas of the county or where no local police department exists. The arrest records from local law enforcement agency arrest records detail specific incidents of arrest within the county or municipality.
Arrest records at the state level are typically broader in scope. At the state level, the Colorado State Patrol (CSP) and the Colorado Bureau of Investigation (CBI), a division of the Colorado Department of Public Safety, manage statewide criminal records, which typically include arrest records. The state-level arrest records encompass all arrests made by law enforcement agencies across Colorado, typically including local police departments, county sheriffs, and state police.
Where are Arrest Records Kept in Colorado?
Arrest records are created and kept by multiple law enforcement agencies at the local, state, and federal levels. The following agencies generally maintain arrest records in Colorado:
- Local Police Departments or Sheriff's Offices: Police departments and county sheriff's offices are responsible for keeping arrest records related to events occurring in their respective areas. Arrest records from this source usually contain details of the arrest, charges, and booking information.
- State Police – The Colorado State Patrol (CSP): The CSP keeps records of arrests made while enforcing traffic and highway safety laws. Typically, they maintain arrest documents for DUI, traffic violations, drug-related offenses, human trafficking, fugitive apprehension, and weapons violations occurring on Colorado's highways.
- The Courts: The Colorado judicial system maintains records of arrests related to legal proceedings. The courts typically document the legal process following arrests and usually keep records of arrests as part of case files. Arrest information accessible at the courts typically includes arrest warrants, arraignments, and case dispositions.
- State Department of Criminal Justice - Colorado Bureau of Investigation (CBI): The CBI maintains a comprehensive database of criminal records, which typically includes arrest information compiled from law enforcement agencies across Colorado.
- Federal Agencies: Federal agencies such as the Federal Bureau of Investigation (FBI) maintain the National Crime Information Center (NCIC), a national database of arrest records compiled from local, state, and federal law enforcement agencies.
- Correctional Facilities: The Colorado Department of Corrections, alongside federal correctional institutions such as the Florence Federal Correctional Complex, the Federal Correctional Institution Englewood, and the Management and Specialty Training Center, generally maintain records of persons convicted and incarcerated in correctional institutions across Colorado. The records may contain information on the arrest of inmates.
How To Find Public Arrest Records in Colorado?
Various government agencies provide access to public arrest records. Depending on the jurisdiction where the arrest occurred and the type of information required, arrest records are typically accessible from the following sources across Colorado.
- Local Police Departments or County Sheriff's Offices: Most local law enforcement agencies have a record division that provides access to arrest records on request. Record seekers may access the record by visiting the agency that made the arrest. Also, police departments and county sheriff offices in larger cities or counties offer online access to arrest records.
- Colorado Bureau of Investigation (CBI): The CBI has a centralized database of criminal records, typically including arrest records. The CBI offers an Internet Criminal History Check System (ICHC) through the Computerized Criminal History (CCH) database. The database generally contains detailed information on fingerprint-based arrest records. Users must create an account to query the database. There is a $6.00 charge to view the records.
- The Colorado Judicial Branch: The courts provide access to arrest records that resulted in a court case. Access to arrest records is through the Colorado Judicial Branch's online Court Records Search. Alternatively, record seekers may complete the Record/Document Request web form to request arrest records from the clerk of court.
- Third-Party Platforms: Third-party websites generally offer access to a wide range of public records, typically including arrest records. They aggregate the data from various government sources, making it easy to find public records in one location. Platforms like RecordFinder offer a convenient way to search available arrest records online. However, third-party websites tend to have limitations such as incomplete data or payment of fees to view the complete records.
How Long Do Arrests Stay on the Record in Colorado?
Arrest records are permanent in Colorado. Arrest records stay indefinitely on a person's criminal record except when the individual petitions the court to seal or expunge the records. Colorado law generally does not offer automatic erasing of arrest records after predetermined periods. Currently, all arrests, irrespective of whether they did not result in a conviction, remain on a person's record until the record holder takes legal action to remove or limit access to the record. However, effective July 1, 2025, per Section 24-72-702 of the C.R.S., arrest records from mistaken identity will be automatically erased. Likewise, effective the same date per Section 24-72-704 of the C.R.S. arrest records where no charges were filed will be sealed automatically.
How To Seal or Expunge an Arrest Record in Colorado?
In Colorado, adult convictions are not eligible for expungement only juvenile records may be erased. Persons with adult convictions may petition the courts to have their records sealed. Sealing arrest records hides them from the public but does not erase them. Expunging arrest records implies the destruction of the records as if the incident never happened.
Sealing arrest records in Colorado generally depends on the outcome of the arrests. Arrests that did not result in a conviction may apply to seal their records by filling out and submitting forms JDF417, JDF 418, JDF 419, and JDF 435 to the relevant District Court. Persons whose sentence ended successfully and the case ended in dismissal or acquittal may apply to seal their arrest records by competing forms JDF 477 and JDF 478. Persons whose arrests lead to criminal conviction may petition the court to seal their arrest records based on the provisions of Section 24-72-703 of the C.R.S. Petitioners may fill out and submit forms JDF 612, JDF 615, JDF 614, and JDF 613 to apply to seal arrest convictions. Petitioners may use the JDF 611 guide to seal a conviction for a single case and the JDF 640 guide to seal multiple convictions.
Per Section 24-72-706(1) C.R.S., petitioners generally must fulfill the waiting period before applying to seal arrest records. Persons convicted for petty offenses may apply to seal arrest records after 1 year, while class 2 and 3 misdemeanors require a 2 year waiting period. The wait time for class 4 to 6 felonies is 3 years, while many other offenses falling outside these must wait for 5 years.
After completing the appropriate forms, the petitioner may apply to seal the record at the court where the case was handled. The court generally reviews the application to determine if a hearing is required. After the hearing, the court may grant or refuse the motion to seal the arrest record. When the court approves the request, the arrest record is sealed and becomes unavailable to the public.
