Garfield County Arrest Records

Local law enforcement agencies create Garfield County arrest records after an arrest. They comprise pertinent details about an arrest and the suspect arrested. Because arrest records are useful for judicial processes, they are often documented as part of the Garfield County court records.

Before making an arrest, law enforcement officers must first determine that a person has committed a crime. This determination can be presented to the court to obtain an arrest warrant, or, under certain circumstances, the police can make an arrest without a warrant.

Following an arrest, individuals are immediately taken into custody and booked. In Garfield County, the Sheriff's Office operates the Detention Center, which holds those arrested within the county.

Are Arrest Records Public in Garfield County?

Yes. Colo. Rev. Stat. § 24-72-201 et seq. (the Colorado Open Records Act (CORA) provides for the public's inspection of Garfield County arrest records. According to CORA, a public record (arrest records inclusive) may be viewed by any individual at reasonable times except if prohibited by law. Garfield County arrest records that fall under records typically prohibited by law include:

• The arrest records of minors
• Sealed and expunged records
• Medical-related records
• Sensitive personal information
• Records related to an ongoing police investigation
• Identifying information about the victims of sexual-related or domestic abuse cases

Restricted Garfield County arrest records are open only to select individuals and agencies. A member of the public who requires access to a restricted arrest record will need to obtain a court order.

What Do Public Arrest Records Contain?

Arrest records open to the public for inspection in Garfield County generally contain the following information:

• The arrestee's details: Full name, age, gender, and physical description
• The date and location of the arrest
• The arresting agency
• The charge and description
• Booking number, time, and date
• Bond amount, if applicable
• The mugshot(s) of the arrestee
• The arrestee's custody status and release date, if one exists

Garfield County Arrest Statistics

Garfield County law enforcement agencies report their crime and arrest data to the Colorado Bureau of Investigation (CBI) per Colo. Rev. Stat. § 24-33.5-412.(5).

According to the CBI's crime statistical reports, 586 Group A arrests were made in Garfield County in 2022. Of these arrests, 271 were for crimes against persons, 165 for crimes against property, and 150 for crimes against society. The number of Group B arrests made in the same year was 998. Driving under the influence (DUI) and liquor law violations constituted the most frequent arrests, with 295 and 70, respectively.

Find Garfield County Arrest Records

There are several options to access records of persons arrested in Garfield County on a county, state, and federal level. At the local level, a law enforcement agency that makes an arrest must also maintain the associated arrest record. Consequently, an individual interested in obtaining an arrest record may visit the arresting agency. The Sheriff's Department's Current Inmates report also contains arrest information tied to individuals incarcerated in the county jail. The Sheriff's Department updates this report every two hours.

At the state level, individuals can locate inmates incarcerated in a state prison via the Colorado Department of Corrections Offender Search portal. Inmates can be located using their DOC number, last name, and first name. Researchers also have the option to perform a male- or female-only inmate search.

At the federal level, the Federal Bureau of Prisons (BOP) maintains information on inmates incarcerated in a federal prison from 1982. This information can be accessed on the BOP Inmate Locator portal. A user may use an inmate's name, BOP Register number, FBI number, DCDC number, or INS number to search. Race, age, and sex are filters researchers can use when searching by name. Some offenders found using the locator may no longer be in the custody of the BOP but may be held in another correctional facility. Such offenders are listed as "released" or "not in BOP custody".

Free Arrest Record Search in Garfield County

Individuals may access a Garfield County arrest record for free through an arresting agency if they request to view it and not obtain a copy. Obtaining a copy of an arrest record will cost the requester a fee.

Alternatively, individuals can search for Garfield County arrest records on public records websites. Independent third-party vendors run these platforms, which aid researchers in accessing public arrest records. A user can typically locate an arrest record by searching with the name on the record. Once the arrest record has been located, the individual may be allowed to view select information contained in the record for free. Accessing further information may cost the user a fee.

How Long Do Arrests Stay on Your Record?

Infinitely. In Garfield County, like other jurisdictions in Colorado, arrests are generally retained on a person's criminal history forever. Arrests are maintained and made available to the public as part of law enforcement efforts to enhance public safety. However, some arrest records are eligible for sealing or expungement in Colorado. Individuals who meet the legal criteria may petition the court to seal/expunge the record.

Expunge Garfield County Arrest Records

The sealing and expungement of arrest records in Garfield County is governed by Colo. Rev. Stat. §§ 24-72-701 - 24-72-711. Per the statutes, sealing an arrest record removes it from the publicly accessible records. However, sealing does not deny law enforcement agencies, criminal justice agencies, prosecuting attorneys, and certain government agencies access to the record.

The Garfield County District Court has jurisdiction over sealing and expunging arrest records in the county. An individual eligible for expungement can initiate the process by filing a motion with the District Court. The eligibility criteria for sealing or expungement depend on the outcome of the arrest, including whether charges were filed or any convictions resulted from those charges. Generally, an individual satisfying the following criteria may qualify to file a motion to seal their arrest record.

• If the arrest was a result of a mistaken or stolen identity
• If the arrest charges were cleared or the arrestee was found not guilty in court
• If the arrest resulted in a conviction but was for a misdemeanor, excluding serious crimes defined under Colo. Rev. Stat. 24-4.1-302(1)
• If the arrestee received a conviction for a municipal violation and they have not been convicted of a felony, misdemeanor, or misdemeanor traffic offense since their release
• If the arrest resulted in a conviction but the convict was subsequently granted full unconditional pardon

The arresting law enforcement agency is duty-bound to file a petition with the District Court to have the arrest record sealed in a case of mistaken identity. The petition must be filed within 90 days of concluding that the arrest was due to mistaken identity. Upon receiving the petition, the court will seal the arrest record at no cost to the arrestee.

Individuals can file for the sealing of multiple eligible arrests provided they have fulfilled the respective waiting time if they received convictions. The waiting period is thus:

• Civil infractions: Two years
• Misdemeanors: Five years
• Felonies: Ten years

The waiting period begins from the date of one's final disposition or release from supervision.

Some ineligible misdemeanor offenses may also be sealed with the district attorney's consent or court approval. The sealing may happen if it is proven with sufficient evidence that the petitioner is not a threat to public safety.

Garfield County Arrest Warrants

A Garfield County arrest warrant is a legal paper authorizing law enforcement to arrest an individual suspected of committing a crime and bring them before the court.

Arrest warrants in Garfield County are issued when the court is made aware by an affidavit sworn to or affirmed before a judge or notary public that a person may be guilty of an offense. An affidavit must establish probable cause by providing information that reasonably indicates the person has committed the alleged crime. An arrest warrant issued in Colorado is expected to contain the following information:

• The name of the suspect
• The date and county of issuance
• The crimes laid to the suspect's charge
• The order of arrest
• The name, signature, and title of the issuing judge

Inquisitive parties can check with the local court or Sheriff's Office to find active Garfield County arrest warrants.

A judge may issue a criminal summons instead of an arrest warrant for certain misdemeanor crimes. A summons is an order commanding someone to appear before the court at a specified date and time. An arrest warrant will be issued if the individual fails to appear at the stated time and date.

Do Garfield County Arrest Warrants Expire?

No, Garfield County arrest warrants never expire. Colorado laws do not provide for the expiration of arrest warrants issued in the state. By implication, law enforcement can apprehend and detain an individual with an arrest warrant, irrespective of how long it takes. Sometimes, a delay in executing minor offense arrest warrants may occur if law enforcement is focused on serving warrants for more serious offenses. However, a delay does not affect the validity of the warrant.

In certain instances, the court can recall (quash) an arrest warrant. This may happen if a warrant is found defective or no longer necessary. Once quashed, an arrest warrant becomes invalid and inexecutable.