Criminal records in Colorado are compiled based upon arrests. Consequently if you were arrested for the offense it will likely show up. The best way to check is to logon to the Colorado Bureau of Investigation or the CoCourts.com websites where you can search your records for about a $6 charge.
Jonathan S. Willett
Attorney at Law
1331 17th Street, Suite 608
Denver, Colorado 80202
(303) 832 -5648
A background check with the CBI will pull up arrest reports. Therefore, most arrests will appear regardless of whether the charges are still pending or even if they have been resolved.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I'm more interested in your pending felony. I assume you have a lawyer on that because it is very unlikely it will be dismissed even with counsel. If you do have a lawyer, they will be able to advise you about what will show on your background check. If you don't have a lawyer for your felony, you need one ASAP.
Generally all arrests and pending court actions do show up in any criminal background check but it will also show the status. It also depends on how extensive the request is for the background check. You may want to wait it all chages in that case are dismissed and then seek to seal that record. I am assuming that this is a straight dismissal if all charges in that case and is not part of a plea bargain in another case. If so, you may not be able to seal such dismissal. You may want to consult with an experienced criminal attorney to help you with a sealing or whether or when you can seal and under what conditions. Remember, there is no constitutional right to sealing of criminal records and therefore you will have to comply and meet all of the conditions to be eligible for sealing of criminal records.
A background check costs $6.85. The computerized criminal history (CCH) database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. - CBI
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The answer depends on the Database your apartment or its vendor uses to do the search. As almost all the other answers point out, any vendor that directly or indirectly accesses CBI will find arrests, not just convictions. Some Databases search court records as opposed to CBI records, most likely they will also find your case if charges were filed. The City and County of Denver does not report its cases to certain court databases, but all other courts do. The City is working on fxing this problem. It's possible, but not likely, the database your apartment uses will not find your arrest. Keep in mind that even if the charges are dropped, the arrest will remain on a CBI report. Simply because the charges are dismissed, doesn't make the arrest vanish from these databases. The question is whether your potential landlord bases its decisions on convictions or arrest. Read the application carefully.
Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your circumstances.