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Elbert County, Colorado Arrest Records

Are Arrest Records Public in Elbert County, Colorado?

Arrest records are public in Elbert County, Colorado, pursuant to the Colorado Criminal Justice Records Act (CCJRA) § 24-72-301 et seq. and the Colorado Open Records Act (CORA) § 24-72-201 et seq. These statutes establish the framework for public access to criminal justice records maintained by law enforcement agencies within the county. The Elbert County Sheriff's Office serves as the primary custodian of arrest records for the county and is required by law to make these records available to the public with certain limitations.

Members of the public may request access to arrest records for purposes including background checks, personal information verification, or general public interest. While most arrest records are accessible, certain information may be redacted to protect ongoing investigations, privacy rights of victims, or juvenile information as specified under Colorado Revised Statutes § 24-72-304. The custodian of records may exercise discretion in withholding certain records if their release would be contrary to the public interest as defined by statute.

Can Arrest Records be Found Online in Elbert County?

Elbert County arrest records are partially available online through several official government portals. The Elbert County Sheriff's Office maintains limited online access to recent booking information and inmate status through their official website. Additionally, the Colorado Judicial Branch provides electronic access to court records related to arrests through their online docket search system.

Pursuant to § 24-72-303, C.R.S., electronic access to criminal justice records is subject to specific regulations regarding the scope and manner of disclosure. The online availability of these records is designed to balance public transparency with privacy considerations. Records available electronically typically include basic arrest information, charges filed, and case status updates.

Users of online systems should be aware that comprehensive arrest records may not be fully available through digital platforms. Records containing sensitive information or those subject to sealing orders will not appear in online databases. Additionally, older records may not have been digitized and therefore require in-person requests at the appropriate agency.

How to Look Up Elbert County Arrest Records in 2025

Multiple methods exist for obtaining Elbert County arrest records, each with specific procedures and requirements. Individuals seeking these records must follow established protocols to ensure proper processing of their requests:

  1. Submit a Criminal Justice Records Request to the Elbert County Sheriff's Office. Requestors must complete the official Records Request Form available at the Sheriff's Office or downloadable from their website. Pursuant to § 24-72-306, C.R.S., fees may be assessed for search and retrieval services.

  2. Visit the Elbert County Sheriff's Office in person to submit requests and review available records:

    Elbert County Sheriff's Office
    751 Ute Avenue
    Kiowa, CO 80117
    (303) 621-2027
    Official Website
    Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m.

  3. Access the Colorado Judicial Branch docket search for court records related to arrests in Elbert County. This system provides information on court proceedings, case status, and scheduled hearings.

  4. Submit an Open Records Request (CORA) for non-criminal justice records that may contain arrest-related information. These requests must be submitted in writing to the appropriate county department.

Requestors should provide specific information including the full name of the subject, date of birth, and approximate date of arrest to facilitate accurate record retrieval. Identification may be required when requesting records in person to verify the identity of the requestor.

Contents of an Elbert County Arrest Record

Elbert County arrest records contain standardized information as required by Colorado law and local record-keeping protocols. These records typically include the following components:

  • Biographical information of the arrested individual, including full legal name, date of birth, physical description, and address
  • Date, time, and location of the arrest
  • Statutory charges filed at the time of arrest with corresponding Colorado Revised Statute citations
  • Arresting agency information and identification of arresting officers
  • Booking information including booking number and processing details
  • Custody status and bail/bond information if applicable
  • Booking photograph (mugshot) taken during processing
  • Fingerprint records collected during booking procedures
  • Incident report narratives describing the circumstances of the arrest (may be partially redacted)
  • Property inventory of items in possession at time of arrest
  • Medical screening information relevant to detention

The level of detail contained in arrest records may vary based on the nature of the case and the arresting agency's protocols. Records related to ongoing investigations may contain redactions pursuant to § 24-72-305, C.R.S., which authorizes the withholding of information that would be contrary to the public interest if disclosed.

Arrest records are distinct from court records, which document subsequent judicial proceedings. While arrest records document the initial law enforcement action, court records track the progression of cases through the judicial system, including charges filed by the district attorney, court appearances, and case dispositions.

Legal Uses and Limitations of Arrest Records

Arrest records in Elbert County are subject to specific legal parameters regarding their permissible uses and limitations. Colorado law establishes guidelines for how these records may be utilized:

Permissible uses include:

  • Employment background screening, subject to compliance with the Fair Credit Reporting Act and Colorado employment law
  • Housing application verification by landlords and property management companies
  • Professional licensing investigations by regulatory boards
  • Personal research and information verification
  • Media reporting on matters of public interest
  • Academic and statistical research (typically using anonymized data)

Significant limitations exist regarding the use of arrest records:

  • Under Colorado Revised Statutes § 24-5-101, employers with fewer than four employees are prohibited from using arrest records that did not result in conviction as the sole basis for employment decisions
  • Housing providers must comply with fair housing laws when utilizing arrest record information
  • Private entities republishing arrest information must ensure accuracy and comply with the Fair Credit Reporting Act if applicable
  • Records pertaining to sealed or expunged arrests cannot legally be used for any purpose and must be treated as if they do not exist

The Elbert County Sheriff's Office maintains records in accordance with § 24-72-308.5, C.R.S., which establishes retention schedules for criminal justice records. Users of arrest record information should be aware that an arrest alone does not constitute proof of guilt, as all individuals are presumed innocent until proven guilty in a court of law.

Expungement of Arrest Records in Elbert County

Elbert County follows Colorado state law regarding the expungement and sealing of arrest records. Under Colorado Revised Statutes § 24-72-701 through § 24-72-709, certain individuals may petition for the sealing or expungement of their arrest records under specific circumstances:

Eligibility criteria for expungement or sealing include:

  • Cases resulting in complete dismissal of all charges
  • Cases resulting in acquittal at trial
  • Arrests that did not result in charges being filed
  • Completed deferred judgments where all conditions were satisfied
  • Certain drug offenses after specified waiting periods
  • Juvenile records meeting statutory requirements

The expungement process requires petitioners to:

  1. File a petition with the Elbert County District Court located at:

    Elbert County Combined Court
    751 Ute Avenue, P.O. Box 232
    Kiowa, CO 80117
    (303) 621-2131
    Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m.

  2. Pay applicable filing fees (fee waivers may be available for indigent petitioners)

  3. Serve copies of the petition to all agencies holding records

  4. Attend a hearing if scheduled by the court

  5. Obtain a court order directing all agencies to seal or expunge relevant records

Upon successful expungement or sealing, the arrest record is removed from public access and the individual may legally state that the arrest did not occur in most circumstances. However, certain government agencies and law enforcement entities may retain limited access to sealed records for specific purposes as authorized by statute.

The Colorado Courts E-Filing system may be utilized for submitting expungement petitions electronically. Petitioners are advised that the expungement process can be legally complex, and consultation with legal counsel may be beneficial.

Search Arrest Records in Elbert County