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Delta County Arrest Records

How To Look Up Arrest Records in Delta County in 2026

DeltaCORecords.us provides access to publicly available information related to arrest records in Delta County, Colorado. Members of the public may find booking records, charge information, custody status, and related court case data through this resource. Available record categories include arrest logs, booking photographs, bond information, criminal charge details, and inmate roster entries. Information presented reflects what has been made available through official sources and may not reflect the most current status of a case.

Records may be searched through official resources, clerk offices, public access terminals, and online tools. The following methods are available to members of the public seeking arrest record information.

Online Methods:

1. County Sheriff's Office Arrest Records

The Delta County Sheriff's Office maintains booking and inmate information accessible to the public. The Sheriff's Office publishes current jail roster data that includes the name of the detained individual, charges, booking date, and bond status. Members of the public may access the Delta County Sheriff's Office website to review available inmate information. The roster is updated on a regular basis and reflects current custody status at the Delta County Jail.

2. Local Police Departments

The City of Delta is served by the Delta Police Department, which may publish arrest logs or press releases containing arrest information. Press releases are a common method by which law enforcement agencies communicate notable arrests to the public and media organizations. Members of the public may contact the Delta Police Department directly to inquire about available arrest logs or recent press releases.

Delta Police Department 360 Main Street Delta, CO 81416 Phone: (970) 874-7696 Delta Police Department

3. County Clerk of Court Case Search

Arrest records are frequently linked to court case filings. Members of the public may search for associated criminal court cases through the Colorado Judicial Branch case search portal. Searching by the name of an arrested individual may return associated criminal case numbers, charge descriptions, hearing dates, and case disposition information. This resource is maintained by the Colorado Judicial Branch and reflects filings across all Colorado courts.

4. State Law Enforcement Database

The Colorado Bureau of Investigation (CBI) maintains the state's criminal history repository. Members of the public may request a name-based criminal history record check through the Colorado Bureau of Investigation. A fee of $6.85 currently applies to name-based searches submitted by members of the public. Fingerprint-based searches are available for a higher fee and provide a more comprehensive result. The CBI database includes arrest and disposition information reported by law enforcement agencies statewide.

In-Person Access:

Sheriff's Office:

Delta County Sheriff's Office 560 Dodge Street Delta, CO 81416 Phone: (970) 874-2000 Delta County Sheriff's Office

  • Records division is located at the main Sheriff's Office building
  • Hours: Monday through Friday, 8:00 a.m. to 5:00 p.m.
  • Members of the public should bring a valid government-issued photo identification
  • Specific information about the arrest, including the full name of the subject and approximate date of arrest, assists staff in locating records
  • Copy fees apply per page; cash and check are accepted payment methods

Clerk of Court:

Delta County Combined Court 501 Palmer Street, Suite 338 Delta, CO 81416 Phone: (970) 874-6270 Delta County Combined Court

  • Criminal records division handles requests for court case files
  • Hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
  • Case file inspection is available during business hours
  • Copy fees are assessed per page in accordance with court fee schedules

By Mail:

Written requests for arrest records may be submitted to the Delta County Sheriff's Office by mail. Requests should include the following:

  • Full legal name of the subject
  • Date of arrest, if known
  • Booking number, if known
  • Requestor's full name and return mailing address
  • Payment for applicable copy fees

Delta County Sheriff's Office — Records Division 560 Dodge Street Delta, CO 81416 Phone: (970) 874-2000 Delta County Sheriff's Office

Processing time varies based on request volume and record availability.

By Phone:

  • Sheriff's Office: (970) 874-2000
  • Limited information may be provided by phone, including general custody status
  • Staff may refer callers to the online inmate roster or direct them to submit a written request
  • Callers should have the subject's full name, date of birth, and approximate arrest date available

Through Legal Channels:

Attorneys may submit formal records requests on behalf of clients. Subpoenas may be used to compel production of detailed records in the context of legal proceedings. Discovery processes in criminal cases provide defense counsel with access to arrest reports, evidence, and related documentation through the court system.

Information Needed for Search:

  • Full legal name (first and last name at minimum)
  • Date of birth or approximate age
  • Approximate date of arrest
  • Booking number, if known
  • Jurisdiction of arrest (Sheriff's Office, Delta Police Department, or other agency)

Are Arrest Records Public in Delta County

Arrest records in Delta County are public records under Colorado law. Pursuant to the Colorado Criminal Justice Records Act, § 24-72-301 et seq., C.R.S., criminal justice records, including arrest records, are open to inspection by members of the public unless a specific statutory exemption applies. The Act reflects the state's commitment to government transparency and public accountability in the administration of criminal justice.

Arrest records serve several recognized public interests:

  • Government transparency and accountability in law enforcement
  • Public safety awareness within communities
  • Support for journalism and academic research
  • Use in background screening processes
  • Facilitation of legal proceedings

What Arrest Information Is Public:

  • Arrestee name and known aliases
  • Date and time of arrest
  • Location of arrest
  • Arresting agency
  • Charges filed at the time of arrest
  • Booking number
  • Booking photograph (mugshot)
  • Bond and bail information
  • Current custody status
  • Basic demographic information, including age and physical description

Limitations on Public Access:

  • Juvenile arrest records are restricted or sealed under Colorado law
  • Expunged arrest records are removed from public access following a court order
  • Sealed records are subject to court-ordered confidentiality
  • Information related to active investigations may be withheld
  • Identities of undercover officers and confidential informants are protected
  • Victim identifying information may be withheld in certain case types
  • Participants in witness protection programs are not identified in public records

Constitutional and Legal Basis:

The Colorado Constitution and the Colorado Criminal Justice Records Act establish the framework for public access to arrest records. Courts have recognized the First Amendment interest of the press and public in accessing information about law enforcement activity. At the same time, due process considerations and privacy interests require that certain categories of information remain protected.

Who Can Access Arrest Records:

  • Members of the general public
  • Media organizations and journalists
  • Employers, subject to restrictions under the federal Fair Credit Reporting Act (FCRA)
  • Landlords, subject to applicable restrictions
  • Licensing agencies
  • Background check companies operating in compliance with applicable law
  • Attorneys and legal professionals
  • Academic researchers

Restrictions on Use:

Employers using arrest records for employment decisions must comply with the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., which governs the use of consumer reports, including background checks. Colorado law further restricts the use of arrest records that did not result in conviction in certain employment contexts. Housing providers are subject to fair housing laws that limit the use of criminal history in tenant screening. The distinction between an arrest and a conviction is legally significant; an arrest does not establish guilt.

What's in Delta County Arrest Records

Personal Identification Information:

  • Full legal name
  • Aliases or "also known as" names
  • Date of birth
  • Age at time of arrest
  • Sex/gender
  • Race/ethnicity
  • Height and weight
  • Eye color and hair color
  • Identifying marks, including scars and tattoos
  • Address at time of arrest (may be limited in disclosure)

Arrest Details:

  • Arrest date and time
  • Location of arrest (street address or general area)
  • Arresting agency (Sheriff's Office, Police Department, Colorado State Patrol, or other)
  • Arresting officer name and badge number (in some records)
  • Booking date and time
  • Booking number or arrest number
  • Warrant information, if applicable

Charges Information:

  • Specific criminal charges
  • Colorado statute numbers violated
  • Charge descriptions
  • Classification (felony degree or misdemeanor class)
  • Number of counts for each charge
  • Domestic violence designation, if applicable
  • Gang-related designation, if applicable

Booking Information:

  • Booking facility name and location
  • Intake process timestamp
  • Booking photograph (mugshot)
  • Fingerprints (collected but not typically included in public records)
  • Personal property inventory

Custody and Bond Information:

  • Current custody status (in custody, released, or bonded out)
  • Bond amount set by the court
  • Bond type:
    • Cash bond
    • Surety bond
    • Personal recognizance (PR bond)
    • No bond
  • Bail bondsman information, if applicable
  • Release date and time, if released
  • Release conditions, if public

Court Information:

  • Court case number assigned
  • Court jurisdiction
  • Scheduled arraignment date
  • Court location
  • Judge assignment, if available

Prior Arrest History (may be included):

  • Previous arrests within the county
  • Previous booking numbers
  • Historical charges
  • Prior arrest history is not always included in a current arrest record

What's Typically NOT in Public Arrest Records:

  • Detailed narrative of the arrest (police report details)
  • Witness statements
  • Victim information
  • Evidence collected
  • Investigative techniques
  • Medical information
  • Mental health status
  • Substance abuse information
  • Detailed residential address or phone number
  • Social Security number (redacted)
  • Bank account or financial information

Difference Between Arrest Records and Related Documents:

  • Police reports: Contain more detailed incident narratives and investigative information
  • Court records: Document legal proceedings that occur after an arrest
  • Criminal records: Reflect convictions and sentences imposed by courts
  • Background checks: Comprehensive screenings drawing from multiple sources, including court records, law enforcement databases, and other repositories

How Much Does It Cost to Get Arrest Records in Delta County?

The cost of obtaining arrest records in Delta County varies by record type and the office from which records are requested. Under the Colorado Criminal Justice Records Act, § 24-72-306, C.R.S., agencies are authorized to charge fees for the actual cost of providing copies of criminal justice records.

Standard Fee Schedule:

Record TypeFee
Paper copies (per page)$0.25 per page (standard)
Certified copiesAdditional certification fee applies
Electronic recordsFees vary by agency
CBI name-based criminal history check$6.85
CBI fingerprint-based criminal history check$39.50
Court copy feesSet by Colorado Supreme Court fee schedule
  • Inspection of public records at the Sheriff's Office or Clerk of Court is available at no charge during regular business hours
  • Copy fees are assessed per page for paper reproductions
  • Certification fees apply when a certified copy is required for legal or official purposes
  • Electronic format fees vary by agency and request type
  • Search fees may apply when staff time is required to locate records

Accepted Payment Methods:

  • Cash
  • Check or money order payable to the applicable agency
  • Credit or debit card (availability varies by office)

Fee Waivers:

Fee waivers may be available in limited circumstances, including for indigent individuals or for requests made in the public interest. Members of the public seeking a fee waiver should submit a written request to the applicable agency explaining the basis for the waiver.

Free Access:

  • Online inmate roster information through the Sheriff's Office website is available at no charge
  • Court case index information through the Colorado Judicial Branch case search is available at no charge
  • In-person inspection of public records does not require payment of copy fees

How To Delete Arrest Records in Delta County

Colorado law provides two primary mechanisms for removing or restricting public access to arrest records: expungement and sealing. Expungement results in the physical destruction of records, while sealing restricts public access but allows law enforcement agencies to retain the records. The applicable remedy depends on the nature of the arrest and the outcome of the associated case.

Expungement is available in Colorado primarily for juvenile records. Under § 19-1-306, C.R.S., juvenile records may be eligible for expungement when the individual reaches adulthood and meets applicable eligibility criteria. Expungement results in the destruction of the record and allows the individual to legally deny the existence of the arrest in most contexts.

Sealing of Adult Criminal Records is governed by § 24-72-706 et seq., C.R.S. Under current Colorado law, adult arrest records may be eligible for sealing in the following circumstances:

  • Charges were never filed following the arrest
  • Charges were filed but subsequently dismissed
  • The defendant was acquitted at trial
  • The case was resolved through a diversion program and the defendant successfully completed the program
  • Certain drug offense convictions after a waiting period

Eligibility Criteria:

  • Arrests that did not result in conviction are eligible for sealing without a waiting period in most cases
  • Conviction-based sealing requires completion of the sentence and a waiting period that varies by offense class
  • Certain offenses, including class 1 and class 2 felonies and most sex offenses, are not eligible for sealing

Steps to Seal an Arrest Record in Delta County:

  1. Confirm eligibility based on the outcome of the case and the nature of the charges
  2. Obtain a copy of the arrest record and associated court case information from the Delta County Combined Court
  3. Complete the petition for sealing of criminal records (available through the Colorado Judicial Branch)
  4. File the petition with the Delta County Combined Court and pay the applicable filing fee
  5. Serve the petition on the prosecuting agency (District Attorney's Office)
  6. Attend the scheduled hearing, if required
  7. If the court grants the petition, the order is served on all agencies holding the record

Delta County Combined Court 501 Palmer Street, Suite 338 Delta, CO 81416 Phone: (970) 874-6270 Delta County Combined Court

7th Judicial District Attorney's Office 1624 Morrow Avenue Montrose, CO 81401 Phone: (970) 252-4300 7th Judicial District Attorney's Office

Members of the public who cannot afford an attorney may contact the Colorado State Public Defender's Office to inquire about eligibility for representation in sealing proceedings.

Colorado State Public Defender — Delta County Contact through the 7th Judicial District office for local representation referrals. Colorado State Public Defender

What Happens After Arrest in Delta County?

Immediate Post-Arrest Process:

1. Transport to Jail

Following an arrest in Delta County, the arrested individual is transported to the Delta County Jail for booking. Transport time varies based on the location of the arrest within the county. The individual remains in restraints during transport and may be held briefly at the scene while the arresting officer completes initial documentation.

Delta County Jail 560 Dodge Street Delta, CO 81416 Phone: (970) 874-2000 Delta County Sheriff's Office

2. Booking Process

Upon arrival at the Delta County Jail, the booking process is initiated. The process typically takes one to four hours depending on facility volume. Steps in the booking process include:

  • Recording of personal identification information
  • Advisement of Miranda rights, if not previously provided
  • Booking photograph (mugshot) taken
  • Fingerprints collected and submitted for criminal history check
  • Outstanding warrants check conducted
  • Personal property inventoried and stored
  • Clothing exchanged for jail-issued attire
  • Medical screening completed
  • Brief mental health screening
  • Housing classification determination

3. First Appearance/Initial Hearing

Under Colorado law, an arrested individual must be brought before a judge or magistrate within 48 hours of arrest for a first appearance. The first appearance serves the following purposes:

  • Formal notification of charges
  • Appointment of public defender for individuals who qualify based on financial need
  • Bond and bail determination
  • Advisement of constitutional rights

First appearances may be conducted via video conference. Court schedules are available through the Colorado Judicial Branch.

Bond/Bail Process:

Types of Bond:

Cash Bond:

  • Full bond amount must be paid in cash or certified funds
  • Amount is refunded when the case concludes, minus applicable fees
  • Amount is set by the presiding judge or magistrate, or pursuant to a bond schedule

Surety Bond:

  • A licensed bail bondsman posts the full bond amount on behalf of the defendant
  • The defendant pays a non-refundable premium, at present set at 15% of the bond amount under Colorado law
  • The bondsman assumes financial responsibility for the defendant's appearance

Personal Recognizance (PR Bond):

  • The defendant is released on a written promise to appear at all court dates
  • No monetary payment is required
  • Eligibility is based on ties to the community, employment status, criminal history, nature of charges, and assessed flight risk

No Bond:

  • The defendant is held without bond in cases involving serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, immigration holds, or out-of-state warrants

Conditions of Release:

Conditions of release may include check-in requirements with pretrial services, travel restrictions, no-contact orders, drug and alcohol testing, GPS monitoring, and pretrial supervision compliance.

4. Release or Continued Detention

If Bond Is Posted:

  • Processing time for release is typically one to eight hours
  • Personal property is returned upon release
  • A written notice of court dates is provided
  • Written conditions of release are issued
  • The defendant must appear at all scheduled court dates or the bond is subject to forfeiture

If Bond Is Not Posted:

  • The defendant remains in custody at the Delta County Jail
  • Housing assignment is made following classification
  • Inmate orientation is provided
  • Commissary account setup, phone privileges, and visitation schedules are explained

Accessing Legal Representation:

Public Defender:

Individuals who cannot afford private counsel have the right to appointed representation. Eligibility is based on income and financial circumstances. Applications are processed through the Colorado State Public Defender's Office.

Colorado State Public Defender Colorado State Public Defender

Private Attorney:

Defendants have the right to retain private counsel at any stage of the proceedings. The Colorado Bar Association provides a lawyer referral service. Attorney visits to the Delta County Jail are conducted in confidential consultation areas.

Charging Decision:

Prosecutor's Review:

The 7th Judicial District Attorney's Office reviews the arrest and determines whether to file formal charges. The prosecutor may file an information, request additional investigation, decline to prosecute, or file different or additional charges based on the evidence presented.

7th Judicial District Attorney's Office 1624 Morrow Avenue Montrose, CO 81401 Phone: (970) 252-4300 7th Judicial District Attorney's Office

Grand Jury:

For certain felony offenses, the prosecutor may present the case to a grand jury to determine whether probable cause exists to proceed. Grand jury proceedings are conducted without the presence of defense counsel and result in an indictment if the grand jury finds probable cause.

Arraignment:

At arraignment, the defendant is formally advised of the charges and enters a plea. Available pleas include not guilty, guilty, and no contest (nolo contendere). The majority of defendants enter a not guilty plea at arraignment, and subsequent court dates are set.

Court Process Overview:

Pretrial Phase:

Discovery involves the exchange of evidence between the prosecution and defense, including police reports, witness statements, physical evidence, and audio and video recordings.

Pretrial motions may include motions to suppress evidence, motions to dismiss, and motions for additional discovery. Hearings are scheduled as needed.

Pretrial conferences bring together the attorneys and the judge to discuss case resolution, plea negotiations, and trial readiness.

Plea negotiations may result in an offer from the prosecutor to resolve the case through a reduced charge or agreed sentencing recommendation. The defendant retains the right to accept or reject any plea offer.

Case Resolution Options:

Dismissal: Charges may be dropped due to insufficient evidence, witness unavailability, or legal deficiencies. A dismissal may create eligibility for record sealing.

Diversion Programs: Eligible defendants may participate in pretrial intervention, drug court, mental health court, or veterans court. Successful completion of a diversion program results in dismissal of charges.

Plea Agreement: The defendant accepts a guilty or no contest plea to agreed charges, and a sentencing hearing is scheduled.

Trial: The defendant may exercise the right to a jury trial or bench trial. The prosecution presents its case, followed by the defense. A verdict of guilty or not guilty is returned. If guilty, a sentencing hearing is scheduled.

Sentencing (if convicted):

The judge imposes a sentence that may include incarceration, probation, fines and court costs, restitution to victims, community service, drug or alcohol treatment, or a combination of these options. Credit for time served in pretrial detention is applied. Appeal rights are explained at sentencing.

Timeline Overview:

  • Arrest to first appearance: Within 48 hours
  • First appearance to arraignment: Days to weeks, depending on case complexity
  • Arraignment to trial or resolution: Months, varying widely by case type
  • Misdemeanors: Resolved within weeks to several months in most cases
  • Felonies: May take six months to over one year depending on complexity
  • Right to speedy trial: Colorado law requires trial within six months of entry of not guilty plea for most cases

Rights Throughout the Process:

  • Right to remain silent
  • Right to an attorney
  • Right to a speedy trial
  • Right to confront witnesses
  • Right to present a defense
  • Right against self-incrimination
  • Right to appeal a conviction

Important Contacts:

Delta County Sheriff's Office (Jail) 560 Dodge Street Delta, CO 81416 Phone: (970) 874-2000 Delta County Sheriff's Office

Delta County Combined Court 501 Palmer Street, Suite 338 Delta, CO 81416 Phone: (970) 874-6270 Delta County Combined Court

7th Judicial District Attorney's Office 1624 Morrow Avenue Montrose, CO 81401 Phone: (970) 252-4300 7th Judicial District Attorney's Office

Colorado State Public Defender Colorado State Public Defender

What to Do If You're Arrested:

  1. Remain calm and cooperative with law enforcement
  2. Do not physically resist arrest
  3. Exercise the right to remain silent by politely declining to answer questions
  4. Request an attorney immediately and do not waive this right
  5. Do not discuss the case with anyone other than your attorney
  6. Contact family members or friends who may assist with bail
  7. Attend all scheduled court dates without exception
  8. Comply with all conditions of bond or release

How Long Are Arrest Records Kept in Delta County?

Records Retention Overview:

Retention of arrest records in Delta County is governed by Colorado law and the records retention schedules established by the Colorado State Archives. The Colorado Public Records Act and agency-specific retention schedules determine how long records are maintained by each custodial agency. Retention periods vary based on the type of record, the outcome of the associated case, and the agency holding the record.

Arrest Records Retention by Type:

Active Arrest Records (Conviction Resulted):

Felony Convictions:

  • Retained permanently by the Sheriff's Office, Clerk of Court, and the Colorado Bureau of Investigation
  • Maintained in the FBI's Interstate Identification Index (III) and National Crime Information Center (NCIC) indefinitely
  • Part of the individual's permanent criminal history record

Misdemeanor Convictions:

  • Retained permanently by the Clerk of Court
  • Local law enforcement records retained in accordance with agency retention schedules
  • State repository retains records indefinitely

Arrest Records (No Conviction):

Dismissed Charges:

  • Local law enforcement records are retained for a period determined by agency policy, at present typically seven years
  • Court records are retained in accordance with the Colorado Judicial Branch retention schedule
  • Records may remain in databases unless a sealing order is obtained

Acquittals (Not Guilty):

  • Court records are retained permanently in most cases
  • Local law enforcement records are retained per agency schedule
  • Eligible for sealing upon petition to the court

Charges Not Filed:

  • Booking records are retained for a shorter period, at present typically three to seven years depending on agency policy
  • Eligible for sealing without a waiting period under current Colorado law

No-Information (Prosecutor Declined):

  • Law enforcement records retained per agency schedule
  • Eligible for sealing in most cases

Digital vs. Physical Records:

Physical Records:

  • Booking paperwork: Retained per agency records retention schedule
  • Fingerprint cards: Retained permanently in most cases
  • Photographs: Retained per agency schedule
  • Evidence: Retention varies based on case outcome and offense type

Digital Records:

  • Computer-aided dispatch (CAD) records: Retained for a minimum period set by state schedule
  • Records management systems: Often retained permanently
  • Mugshot databases: Retention varies by agency and third-party platform
  • Court electronic records: Retained permanently in most cases

Third-Party Databases:

Commercial background check companies and mugshot websites may retain arrest records indefinitely and are not subject to the same retention and removal requirements as government agencies. These entities are not controlled by law enforcement and may not update records when a sealing order is issued. Under the Fair Credit Reporting Act, 15 U.S.C. § 1681c, consumer reporting agencies are required to maintain accuracy in the records they report.

Retention by Agency:

Sheriff's Office:

Delta County Sheriff's Office 560 Dodge Street Delta, CO 81416 Phone: (970) 874-2000 Delta County Sheriff's Office

  • Booking records: Retained per Colorado State Archives schedule
  • Arrest reports: Retained per agency policy, at present typically seven years for non-conviction records
  • Investigative files: Retention varies based on offense classification and case outcome

Clerk of Court:

Delta County Combined Court 501 Palmer Street, Suite 338 Delta, CO 81416 Phone: (970) 874-6270 Delta County Combined Court

  • Felony case files: Retained permanently
  • Misdemeanor case files: Retained for a minimum of ten years
  • Traffic case files: Retained for a minimum of seven years
  • Electronic records: Retained permanently in most cases

State Repository:

The Colorado Bureau of Investigation maintains the state's criminal history repository and retains records from all law enforcement jurisdictions in Colorado. Members of the public may request their own criminal history record through the Colorado Bureau of Investigation.

FBI Database:

The FBI's National Crime Information Center (NCIC) and Interstate Identification Index (III) maintain federal records of arrests reported by state and local agencies. Federal retention is permanent. These databases are accessible to law enforcement agencies nationwide and are used in employment background checks for positions requiring federal clearance and in firearms purchase background checks.

Effect of Disposition on Retention:

Conviction: Records are retained permanently in most databases and appear on background checks indefinitely.

Dismissal: Records may remain in databases unless a sealing order is obtained. Dismissed charges are not reported as convictions on background checks.

Sealing: Following a court order sealing the record, local agencies are required to restrict public access. The Colorado Bureau of Investigation updates its repository accordingly. The FBI database may retain a notation of the record with restricted access. The timeframe for removal from all systems varies.

No Charges Filed: Records are subject to the shortest retention periods and may be purged automatically after the applicable retention period expires. Immediate sealing may be available upon petition.

Accessing Historical Arrest Records:

Recent Arrests:

  • Available online through the Sheriff's Office inmate roster and the Colorado Judicial Branch case search
  • Updated on a regular basis

Older Arrests:

  • May require an in-person request at the Sheriff's Office or Clerk of Court
  • Records may be stored in archives and subject to a retrieval fee
  • Processing time may be longer than for current records

Very Old Arrests:

  • Records may not be digitized and may exist only in paper form
  • Some records may have been destroyed in accordance with the applicable retention schedule
  • Members of the public should contact the Delta County Sheriff's Office Records Division at (970) 874-2000 for information about specific historical records

Destruction of Records:

Authorized destruction of records occurs after the applicable retention period expires, following a court order for expungement or sealing, or in accordance with the agency's records retention schedule. Documentation of destruction is maintained by the agency. Records subject to permanent retention requirements, including felony conviction records, serious violent offense records, sex offense records, and records in cases with ongoing appeals, may not be destroyed.

Impact on Background Checks:

  • Standard employment background checks under the FCRA cover a seven-year period for most positions, though convictions may be reported indefinitely
  • Colorado law restricts the use of arrest records that did not result in conviction in certain employment contexts
  • Some jurisdictions have enacted fair chance or "ban the box" laws that limit when and how arrest records may be considered in hiring decisions
  • Expungement and sealing do not guarantee removal from all third-party databases
  • Law enforcement agencies retain access to sealed records for official purposes
  • Immigration records are maintained separately under federal authority and are subject to different retention rules
  • Juvenile records are subject to distinct retention and access rules under Colorado law

How to Check Retention Status:

Members of the public seeking information about the retention status of a specific arrest record may contact the Delta County Sheriff's Office Records Division at (970) 874-2000 or submit a written public records request. Fees may apply for copies of records provided in response to such requests.