Elbert County Arrest Records

In Elbert County, Colorado, arrests are legal events that occur when peace officers apprehend suspected offenders. Officers do not always need an arrest warrant to arrest offenders. For instance, arrest warrants are generally unnecessary if an officer witnesses the crime or there is probable cause to believe it occurred. Arrested persons are often booked and detained at the county jail pending the outcome of further investigations.

The Elbert County sheriff's office creates records of arrest events. They also store the documents and may disclose them upon request from the public. Arrest information is also accessible in crime-related public records. For example, Elbert County court records regarding criminal case proceedings may include arrest details like the charges, booking date, and bond amount.

Are Arrest Records Public in Elbert County?

Under the Colorado Open Records Act, most arrest records in Elbert County are accessible to the public. The law allows public members to view and get copies of these records from specific government entities. In turn, these entities must release the documents to interested parties. For example, the Elbert County Sheriff's Office allows walk-in requests for arrest records. Interested parties must visit the county sheriff's office at this address:

300 South Jackson Street
Waxahachie, TX 75165
Phone: (972) 825-4901

Note that some arrest records are exempt from public access. Such records often contain information that may violate the privacy of concerned parties. Examples of exempt arrest records in Elbert County include the following:

• Records of investigations conducted by a law enforcement or prosecuting agency.
• Investigation techniques and procedures used by law enforcement agencies.
• Records that are exempt due to state or federal laws.

Elbert County Arrest Statistics

The Colorado Department of Public Safety, via the Division of Criminal Justice, maintains an annual report on arrest events within the state. According to the report, the Elbert County sheriff's office made 155 arrests in 2024 for violence, drug, and property-related crimes. In contrast, there is no county-specific report about incarceration in Colorado. However, as of March 31, 2025, the state's correctional facilities housed 15,986 inmates.

Find Elbert County Arrest Records

Interested persons or entities can find Elbert County arrest information in inmate databases. Such databases provide access to arrest information like the arrestee's names, charges, booking date, bond amount, mugshot, and arresting agency's name.

The Colorado Department of Corrections website hosts an online inmate search database. Inquirers must input relevant search data to view records on the platform. Note that the database only features information on inmates serving sentences in state-owned correctional facilities. Conversely, you can view inmate records through the Federal Bureau of Prisons' inmate locator. To view records on the platform, inquirers must input the inmate's name or prison number in the required search fields.

Elbert County Arrest Records vs. Criminal Records

Elbert County's arrest records are quite distinct from criminal records.

They provide information on different events.

You will only find arrest-related events in an arrest record. These events include booking information, criminal charges and description, the arresting agency's details, and the bond amount. However, criminal records provide information on both arrest- and court-related events. These records may include booking date, bond amount, exhibits, dockets, convictions, and sentence duration.

They are accessible through different public entities.

Public members can obtain arrest records from the arresting agencies. These agencies create and store arrest records as police or incident reports. In contrast, the Colorado Bureau of Investigations is the custodian of criminal records. The agencies create criminal records by collecting information from public entities like arresting agencies and courts of competent jurisdiction.

The records have different impacts on the record subject

Arrest records have almost no negative effect on record subjects since they do not reveal court convictions. However, criminal records may lead to discrimination and ostracization, especially if the sentence was for sex-related crimes.

How Long Do Arrests Stay on Your Record?

In Elbert County, arrest information stays on your records unless you petition the court to seal it. You can immediately file to seal dismissed arrest charges. However, you must wait for specific timeframes to expunge conviction records.

Elbert County Arrest Warrants

In Elbert County, Colorado, arrest warrants are legal documents that authorize the arrests of suspected offenders. Court judges will only issue warrants after receiving affidavits from arresting officers. The affidavit must show probable cause and identify the suspect.

Arrest warrants issued in Colorado must contain these details:

• The record subject's full name, known aliases, and physical features.
• The criminal offense.
• Warrant issuance date and location.
• The issuing judge's name and signature.

Do Elbert County Arrest Warrants Expire?

Arrest warrants do not have an expiration date; they remain valid until the court nullifies them or the defendant is arrested. Law enforcement officers have the right to arrest persons with an active warrant even after the statute of limitations for the crime has elapsed.

Expunge Elbert County Arrest Records

Arrestees can expunge dismissed arrest records by filing a petition with the district court. To expunge arrest records, you must meet the following requirements:

• You completed a diversion program, and there were no filed charges.
• You were not charged in court, and the statute of limitations has expired.
• You were not charged in court, and the statute of limitations is valid, but you are no longer under investigation.

However, you must fulfill these requirements to seal criminal records:

• You were acquitted by the court.
• The charges were dismissed.
• You completed a deferred sentence or judgment.
• You completed a diversion program.

Not all criminal charges are eligible for sealing. For instance, you can seal charges included in the Victims' Rights Act.

How to expunge or seal arrest records in Elbert County?

You can expunge arrest records by following these steps:

1. Gather the following records:
   1. Court records concerning the arrest (if available).
   2. Arrest or police report.
   3. The Colorado Bureau of Investigations (CBI) record (if available). You must obtain the records no longer than 20 days before filing the petition.
2. Fill out these forms:
   1. A Petition to Seal Arrest and Criminal Records form.
   2. Orders JDF 418, JDF 435, and JDF 419 (you must only fill out the captions)
3. Attach a $224 filing fee along with the forms and file a case with the Elbert County district court at:
   Elbert County Courthouse
   751 Ute Street
   P.O. Box 232
   Kiowa, CO 80117
   Phone: (303) 621-2131

The court may set up a hearing if it decides you are eligible to seal or expunge arrest records. After approving the petition, the court will issue an expungement order to the CBI and other criminal justice agencies.