How long to store evidence?

Evidence Storage Rules in Colorado

We see it all the time: evidence storage areas are often full to overflowing at police departments and other law enforcement agencies. Purging old evidence might seem like an easy way to free up space, but that’s actually not such a simple task. That’s because different states have different rules governing the disposition of evidence, and different rules apply based on the severity of the crime. In Colorado, for instance, homicide evidence must be kept until the full sentence has been completed, while exhibits related to a civil case can be disposed of 35 days after the appeal period expires.

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Here are the general guidelines for evidence storage (also called exhibit retention) in the state of Colorado as published here by the Colorado Judicial Branch. Please keep in mind that it’s your responsibility to work with the judicial authority in your area to ensure that any and all evidence is approved for disposition. Do not dispose of evidence without written approval.

Exhibits in Civil, Probate, Domestic Relations, Mental Health, Juvenile (except delinquency) & Water Cases

Dispose of as per order of the court. If no applicable order exists: 35 days after the expiration of the appeal period following a final judgment in the case.

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Days After Expiration of Appeal

Criminal Cases

evidence disposal dismissed cases

Defendant Found Not Guilty or Case Dismissed

Dispose of as per order of the court.
If no applicable order exists: 35 days after acquittal or dismissal.

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Years After Sentencing

Defendant Found Guilty

Upon completion of the sentence or 20 years after sentencing (whichever occurs first) or as the court may otherwise order.

criminal case evidence disposal

Juvenile Delinquency Cases

Upon completion of the sentence or as the court may otherwise order.

data crime lab storage

Exhibits in Traffic & Misdemeanor Cases

Dispose of as per order of the court. If no applicable order exists: 35 days after appeal period has passed.

Because exhibits might need to be retained for years or even decades, it’s important to keep them well-documented, organized, and secure at every step along the way. Evidence lockers and evidence warehouse storage solutions can help secure the chain of custody and ensure that justice is served.

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