C.R.S. § 24-72-100.1 Short title
24-72-100.1. Short title. (Repealed)
Public Records
C.R.S. tit. 24, art. 72
in effectC.R.S. § 24-72-101 Records destroyed - certified copies rerecorded
24-72-101. Records destroyed - certified copies rerecorded. Whenever it appears that the records, or any material part thereof, of any county in this state have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing of whatever nature or character affecting real estate or irrigation ditches in such county, or certified copies thereof, may be rerecorded, and in recording the same the recorder shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof, and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the original record.
C.R.S. § 24-72-102 District court to restore destroyed records
24-72-102. District court to restore destroyed records. (1) Whenever the public records of any plat or map or any tax list, assessment roll, or any public record or writing connected with the assessment and collection of the revenues of such county and of the state which is required to be kept by the county clerk and recorder of such county in his office is lost or destroyed by fire or otherwise, it is the duty of the county attorney of the county in which such loss or destruction occurs to file in the district court of such county an information in the name of the people of the state of Colorado, setting forth substantially the fact of such loss or destruction of such public records, or so much thereof as may be desired to be reproduced and reestablished or restored, with the circumstances attending the loss or destruction of the same, as nearly as may be, and thereupon the clerk of such court shall cause such information to be published in full in one or more newspapers published in such county for the period of four weeks, together with the notice addressed, "To all whom it may concern", that the court, at a term therein designated to be held not less than four weeks from the first publication of such information and notice, will proceed to hear and determine the matters in said information set forth and will take testimony for the purpose of reproducing, reestablishing, or restoring such records as the court finds to be lost or destroyed. Upon such publication being made, all persons interested shall be deemed defendants and may appear in person or by counsel and be heard touching such proceedings.
(2) If the court is satisfied that any public record has been lost or destroyed, an order to that effect shall be entered of record, and thereupon the court shall proceed to take testimony for the purpose of reproducing, reestablishing, or restoring the records so lost or destroyed. The proceedings may be continued from time to time and orders and decrees shall be made as to each record, map, plat, tax list, and assessment roll separately. The clerk shall cause all maps, plats, tax lists, assessment rolls, or other records adjudged by the court to be correct copies of the records lost or destroyed, as often and as soon as they are so adjudged, to be filed in the office of the county recorder, with a certified copy of the order or judgment of the court in the premises attached thereto and recorded in a book to be provided for that purpose, and the said record shall be deemed and taken in all courts and places as a public record and as a true and correct reproduction of the original record so lost or destroyed; but any tax list or assessment roll so reproduced and restored, or so much thereof as may be reproduced and restored under the provisions of this section, shall be sufficient authority for the treasurer of such county to collect all taxes contained therein, the same in all respects as if it were the original tax list or assessment roll and were made out, certified, and delivered to him within the time required by law.
C.R.S. § 24-72-103 Costs and expenses of proceeding
24-72-103. Costs and expenses of proceeding. All costs and expenses incurred in the proceeding under section 24-72-102, including those for copies of maps, plats, and other records and recording the same, shall be taxed as costs against the county in which such proceedings are had.
C.R.S. § 24-72-104 Purchase abstracts
24-72-104. Purchase abstracts. (1) It is the duty of the judge of such court to examine into the state of such records in such county, and, in case he finds any abstracts, copies, minutes, or extracts from said records existing after such loss or destruction and finds that said abstracts, copies, minutes, or extracts were fairly made before such destruction of the records by any person in the ordinary course of business and that they contain a material and substantial part of said records, the judge of such court shall certify the facts found by him in respect to such abstracts, copies, minutes, and extracts and also, if he is of the opinion, that such abstracts, copies, minutes, and extracts tend to show a connected chain of title to the land in said county; and, upon filing such certificate of such judge with the county clerk of the proper county, the board of county commissioners, with the approval of such judge, may purchase from the owners thereof such abstracts, copies, minutes, or extracts, or such part thereof as may tend to show a connected chain of title to the lands in such county, including all such judgments and decrees as form part of any such chain of title, paying therefor such fair and reasonable price as may be agreed upon between such board and such owner.
(2) The amount thus agreed to be paid for such abstracts, copies, minutes, or extracts shall be paid by such county in money, bonds, or warrants, to be issued by such county as the board of county commissioners may determine; or said board, with the approval of said judge, may procure a copy of said abstracts, copies, minutes, and extracts, instead of the originals, to be paid for in like manner. If no agreement can be made between said board and the owners of such abstracts, copies, minutes, or extracts as to the amount that should be paid for the same, the board may apply to the judge of the court by filing with the clerk a petition for the purpose of ascertaining the compensation that shall be paid to the owners of said abstracts, copies, minutes, or extracts to be assessed, and the proceedings thereunder shall be in like manner, as near as may be, as provided in articles 1 to 7 of title 38, C.R.S.
C.R.S. § 24-72-105 Abstract books part of records - evidence
24-72-105. Abstract books part of records - evidence. When any county is possessed of abstract books, copies, minutes, and extracts, they shall be placed in the office of the county clerk and recorder of said county as part of his records, and, if the abstract books are not alphabetically indexed showing grantors and grantees, he shall cause them to be indexed in the same manner as is provided for indexing original records. The county clerk and recorder shall be paid by the county such fees as are provided by law. If the original of any deed, mortgage, or other instrument in writing affecting the title of any land in said county is lost or destroyed and it is thus impossible for a party to produce the same in any judicial or other proceeding, a copy of the abstract books, copies, minutes, and extracts or any part thereof, duly certified by the county clerk and recorder of the county, shall be admissible as evidence in all courts of record in this state. It is the duty of the county clerk and recorder of the county to furnish to any parties so requesting certified copies of the same or parts thereof upon payment of the charges required by law.
C.R.S. § 24-72-106 Abstract books - use - presumptions
24-72-106. Abstract books - use - presumptions. In all cases in which any abstract books, copies, minutes, and extracts, purchased and placed in the county clerk and recorder's office, are admissible and shall be received in evidence under the provisions of this part 1, all deeds or other instruments in writing appearing thereby to have been executed by any person or in which they appear to have joined, except as against any person in the actual adverse possession of the land described therein at the time of the destruction of the records of said county, claiming title thereto otherwise than under a sale for taxes or special assessments shall be presumed to have been executed and acknowledged according to law, and all sales under powers, judgments, decrees, or legal proceedings, sales for taxes and assessments excepted, shall be presumed to be regular and correct, except as against said person in actual adverse possession, and unless the abstracts, books, copies, minutes, and extracts show affirmatively some defect or irregularity. Otherwise, any person alleging any defect or irregularity in such conveyance, acknowledgment, or sale shall be held bound to prove the same.
C.R.S. § 24-72-107 Abstract books, when notice
24-72-107. Abstract books, when notice. The abstracts, books, copies, minutes, and extracts, when so placed in the county clerk and recorder's office, shall be deemed notice of all deeds, mortgages, agreements in writing, powers of attorney, and other written instruments affecting or pertaining to the title of real estate, or any interest therein, appearing thereby to have been executed and recorded prior to the destruction of such records, in like manner and to the same intent as the records so destroyed. Nothing in this part 1 shall impair the effect of said destroyed records as notice.
C.R.S. § 24-72-108 Jurisdiction of courts to make inquiry
24-72-108. Jurisdiction of courts to make inquiry. In case of such destruction of records as provided for in sections 24-72-101 to 24-72-107, the district court having jurisdiction has power to inquire into the condition of any title to or interest in any land in such county and to make all such orders, judgments, and decrees as are necessary to determine and establish said title or interest, legal or equitable, against all persons, known or unknown, and all liens existing on such lands, whether by statute, judgment, mortgage, deed of trust, or otherwise.
C.R.S. § 24-72-109 Special commissioners - fees
24-72-109. Special commissioners - fees. The judges of courts having equity jurisdiction in such county has power to appoint special commissioners from time to time as may be necessary to carry out the provisions of this part 1 to take evidence and report all such petitions as may be referred to them. The fees of such commissioners and of all clerks, sheriffs, and officers and employees for services under this part 1 shall not in any case exceed two-thirds of the fees provided by law for the same services.
C.R.S. § 24-72-110 Evidence admissible, when - charges
24-72-110. Evidence admissible, when - charges. (1) In all cases under the provisions of this part 1 and in all proceedings or actions instituted after April 19, 1889, as to any estate or any interest or right in or any lien or encumbrance upon any lots, pieces, or parcels of land, where the original evidence has been destroyed or lost or is not in the possession of the party wishing to use it on the trial and the record thereof has been destroyed by fire or otherwise, the court shall receive all such evidence as may have a bearing on the case to establish the execution or contents of the records and deeds so destroyed, although not admissible as evidence under the existing rules governing the admission of evidence, and the testimony of the parties themselves shall be received, subject to all the qualifications in respect to such testimony which are now provided by law. Any writing in the hands of any person which may become admissible in evidence under the provisions of this section or any other part of this part 1 shall be rejected and not admitted in evidence unless the same appears upon its face without erasure, blemish, alteration, interlineation, or interpolation in any material part, unless the same is explained to the satisfaction of the court, and to have been fairly and honestly made in the ordinary course of business. Any person making any such erasure, alteration, interlineation, or interpolation in any such writing, with the intent to change the same in any substantial matter, after the same has been once made, is guilty of the crime of forgery and shall be punished accordingly. Any and all persons who may be engaged in the business of making writings or written entries concerning or relating to lands and real estate in any county in this state to which this part 1 applies and of furnishing to persons applying therefor abstracts and copies of such writings or written entries as aforesaid for a fee, reward, or compensation therefor and who do not make the same truly and without alteration or interpolation in any matter of substance, with a view and intent to alter or change the same in any material matter or substance, are guilty of the crime of forgery and shall be punished accordingly.
(2) Any such person shall furnish such abstracts or copies to the person applying therefor, in the order of application and without unnecessary delay, for a reasonable consideration to be allowed therefor. Any person so engaged, whose business is declared to stand upon a like footing with that of a common carrier, who refuses to so furnish if tender of payment is made to him or her of the amount demanded for such abstract or copy, not to exceed said reasonable consideration, as soon as such amount is made known or ascertained, or of a sum adequate to cover such amount before its ascertainment commits a civil infraction and shall be liable in any proper form of action or suit for any and all damages, loss, or injury which any person applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy.
C.R.S. § 24-72-111 Originals destroyed, prior abstracts as evidence
24-72-111. Originals destroyed, prior abstracts as evidence. Whenever it appears in any court in which any suit or proceeding is pending that the originals of any deeds, or other instruments of writing, or records in courts relating to any lands or irrigation ditches, the title or interest therein being in controversy in such suit or proceedings, are lost or destroyed or not within the power of the parties to produce the same and the records of such deeds or other instruments in writing or other records relating to or affecting such lands or irrigation ditches are destroyed by fire or otherwise, it is lawful for any such party to offer in evidence any abstract of title made in the ordinary course of business prior to such loss or destruction showing the title of such land or irrigation ditches, or any part of the title of such land or irrigation ditches, that may have been made and delivered to the owners or purchasers or other parties interested in the land or irrigation ditches, the title or any part of the title to which is shown by such abstract of title.
C.R.S. § 24-72-112 Public records free to servicemen
24-72-112. Public records free to servicemen. Whenever a copy of any public record is required by the United States veterans administration or its successors or any other agency of the government of the United States to be used in determining the eligibility of any person who has served in the armed forces of the United States or any dependent of such person to participate in benefits for such person made available by the laws of the United States in relation to such service in the armed forces of the United States, the official charged with the custody of such public records, without charge, shall provide the applicant for such benefits or any person acting on his behalf, or the representative of such bureau or other agency, with a certified copy of such record.
C.R.S. § 24-72-113 Limit on retention of passive surveillance records - definition
24-72-113. Limit on retention of passive surveillance records - definition. (1) As used in this section, "passive surveillance" means the use by a government entity of a digital video camera, video tape camera, closed circuit television camera, film camera, photo radar recorder, or other image recording device positioned to capture moving or still pictures or images of human activity on a routine basis or for security or other purposes, including monitoring or recording traffic, weather conditions, office activities, transit facilities, parking garages, sports venues, schools, day care centers, hospitals or other medical facilities, recreational facilities, playgrounds, swimming pools, or utility facilities. "Passive surveillance" does not include surveillance triggered by a certain event or activity and that does not monitor at regular intervals. "Passive surveillance" does not include the use of toll collection cameras.
(2) (a) The custodian, as defined in section 24-72-202, may only access a passive surveillance record beyond the first anniversary after the date of the creation of the passive surveillance record, and up to the third anniversary after the date of the creation of the passive surveillance record, if there has been a notice of claim filed, or an accident or other specific incident that may cause the passive surveillance record to become evidence in any civil, labor, administrative, or felony criminal proceeding, in which case the passive surveillance record may be retained. The custodian shall preserve a record of the reason for which the passive surveillance record was accessed and the person who accessed the passive surveillance record beyond the first anniversary after its creation. All passive surveillance records must be destroyed after the third anniversary after the date of the creation of the passive surveillance record unless retention is authorized by this section.
(b) This section does not apply to passive surveillance records of any correctional facility, local jail, or private contract prison, as defined in section 17-1-102, any juvenile facility operated by the Colorado department of human services, as listed in sections 19-2.5-1502, 19-2.5-1511, and 19-2.5-1527 to 19-2.5-1529, or any passive surveillance records made or maintained as required under federal law.
C.R.S. § 24-72-200.1 Short title
24-72-200.1. Short title. Part 2 of this article shall be known and may be cited as the "Colorado Open Records Act" or "CORA".
C.R.S. § 24-72-201 Legislative declaration
24-72-201. Legislative declaration. It is declared to be the public policy of this state that all public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise specifically provided by law.
C.R.S. § 24-72-202 Definitions
24-72-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Correspondence" means a communication that is sent to or received by one or more specifically identified individuals and that is or can be produced in written form, including, without limitation:
(a) Communications sent via U.S. mail;
(b) Communications sent via private courier;
(c) Communications sent via electronic mail.
(1.1) "Custodian" means and includes the official custodian or any authorized person having personal custody and control of the public records in question.
(1.2) "Electronic mail" means an electronic message that is transmitted between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.
(1.3) "Executive position" means any nonelective employment position with a state agency, institution, or political subdivision, except employment positions in the state personnel system or employment positions in a classified system or civil service system of an institution or political subdivision.
(1.5) "Institution" includes but is not limited to every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. In particular, the term includes the university of Colorado, the regents thereof, and any other state institution of higher education or governing board referred to by the provisions of section 5 of article VIII of the state constitution.
(1.6) "Institutionally related foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the benefit of an institution. An institutionally related foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.7) "Institutionally related health-care foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for medical or health-care-related programs or services at an institution. An institutionally related health-care foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.8) "Institutionally related real estate foundation" means a nonprofit corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the acquisition, development, financing, leasing, or disposition of real property for the benefit of an institution. An institutionally related real estate foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.9) "Local government-financed entity" shall have the same meaning as provided in section 29-1-901 (1), C.R.S.
(2) "Official custodian" means and includes any officer or employee of the state, of any agency, institution, or political subdivision of the state, of any institutionally related foundation, of any institutionally related health-care foundation, of any institutionally related real estate foundation, or of any local government-financed entity, who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his or her actual personal custody and control.
r political subdivision of the state, of any institutionally related foundation, of any institutionally related health-care foundation, of any institutionally related real estate foundation, or of any local government-financed entity, who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his or her actual personal custody and control.
(3) "Person" means and includes any natural person, including any public employee and any elected or appointed public official acting in an official or personal capacity, and any corporation, limited liability company, partnership, firm, or association.
(4) "Person in interest" means and includes the person who is the subject of a record or any representative designated by said person; except that, if the subject of the record is under legal disability, "person in interest" means and includes his parent or duly appointed legal representative.
(4.5) "Personnel files" means and includes home addresses, telephone numbers, financial information, a disclosure of an intimate relationship filed in accordance with the policies of the general assembly, other information maintained because of the employer-employee relationship, and other documents specifically exempt from disclosure pursuant to this part 2 or any other provision of law. "Personnel files" includes the specific date of an educator's absence from work. "Educator" has the same meaning as set forth in section 18-9-313 (1)(b.5). "Personnel files" does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports required pursuant to section 23-5-123, or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions, or political subdivisions.
(5) "Political subdivision" means and includes every county, city and county, city, town, school district, special district, public highway authority, regional transportation authority, and housing authority within this state.
(6) (a) (I) "Public records" means and includes all writings made, maintained, or kept by the state, any agency, institution, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or political subdivision of the state, or that are described in section 29-1-902, C.R.S., and held by any local-government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.
(II) "Public records" includes the correspondence of elected officials, except to the extent that such correspondence is:
(A) Work product;
(B) Without a demonstrable connection to the exercise of functions required or authorized by law or administrative rule and does not involve the receipt or expenditure of public funds;
(C) A communication from a constituent to an elected official that clearly implies by its nature or content that the constituent expects that it is confidential or that is communicated for the purpose of requesting that the elected official render assistance or information relating to a personal and private matter that is not publicly known affecting the constituent or a communication from the elected official in response to such a communication from a constituent; or
(D) Subject to nondisclosure as required in section 24-72-204 (1).
(III) The acceptance by a public official or employee of compensation for services rendered, or the use by such official or employee of publicly owned equipment or supplies, shall not be construed to convert a writing that is not otherwise a "public record" into a "public record".
se to such a communication from a constituent; or
(D) Subject to nondisclosure as required in section 24-72-204 (1).
(III) The acceptance by a public official or employee of compensation for services rendered, or the use by such official or employee of publicly owned equipment or supplies, shall not be construed to convert a writing that is not otherwise a "public record" into a "public record".
(IV) "Public records" means, except as provided in subparagraphs (VIII) and (IX) of paragraph (b) of this subsection (6), for an institutionally related foundation, an institutionally related health-care foundation, or an institutionally related real estate foundation, all writings relating to the requests for disbursement or expenditure of funds, the approval or denial of requests for disbursement or expenditure of funds, or the disbursement or expenditure of funds, by the institutionally related foundation, the institutionally related health-care foundation, or the institutionally related real estate foundation, to, on behalf of, or for the benefit of the institution or any employee of the institution. For purposes of this subparagraph (IV), "expenditure" shall be defined in accordance with generally accepted accounting principles.
(b) "Public records" does not include:
(I) Criminal justice records that are subject to the provisions of part 3 of this article;
(II) Work product prepared for elected officials. However, elected officials may release, or authorize the release of, all or any part of work product prepared for them.
(III) Data, information, and records relating to collegeinvest programs pursuant to sections 23-3.1-225 and 23-3.1-307.5, C.R.S., as follows:
(A) Data, information, and records relating to individual purchasers and qualified beneficiaries of advance payment contracts under the prepaid expense trust fund and the prepaid expense program, including any records that reveal personally identifiable information about such individuals;
(B) Data, information, and records, including medical records, relating to designated beneficiaries of and individual contributors to an individual trust account or savings account under the savings programs established pursuant to part 3 of article 3.1 of title 23, C.R.S., including any records that reveal personally identifiable information about such individuals;
(C) Trade secrets and proprietary information regarding software, including programs and source codes, utilized or owned by collegeinvest; and
(D) Marketing plans and the results of market surveys conducted by collegeinvest.
(IV) Materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.
(V) Notification of a possible nonaccidental fire loss or fraudulent insurance act given to an authorized agency pursuant to section 10-4-1003 (1), C.R.S.
(VI) For purposes of an institutionally related foundation, any documents, agreements, or other records or information other than the writings relating to the financial expenditure records specified in subparagraph (IV) of paragraph (a) of this subsection (6).
(VII) For purposes of an institution or an institutionally related foundation:
(A) The identity of, or records or information identifying or leading to the identification of, any donor or prospective donor to an institution or an institutionally related foundation;
(B) The amount of any actual or prospective gift or donation from a donor or prospective donor to an institutionally related foundation;
(C) Proprietary fundraising information of an institution or an institutionally related foundation; or
(D) Agreements or other documents relating to gifts or donations or prospective gifts or donations to an institution or an institutionally related foundation from a donor or prospective donor.
ospective gift or donation from a donor or prospective donor to an institutionally related foundation;
(C) Proprietary fundraising information of an institution or an institutionally related foundation; or
(D) Agreements or other documents relating to gifts or donations or prospective gifts or donations to an institution or an institutionally related foundation from a donor or prospective donor.
(VIII) For purposes of an institutionally related health-care foundation, expenditures by an institutionally related health-care foundation to an institution for medical or health-care-related programs or services;
(IX) For purposes of an institutionally related real estate foundation, prior to the completion of any transaction for the acquisition, development, financing, leasing, or disposition of real property, all writings relating to such transaction;
(X) The information security plan of a public agency developed pursuant to section 24-37.5-404 or of an institution of higher education developed pursuant to section 24-37.5-404.5;
(XI) Information security incident reports prepared pursuant to section 24-37.5-404 (2)(e) or 24-37.5-404.5 (2)(e);
(XII) Information security audit and assessment reports prepared pursuant to section 24-37.5-403 (2)(d) or 24-37.5-404.5 (2)(d);
(XIII) The information provided to the state medical marijuana licensing authority pursuant to section 25-1.5-106 (7)(e), C.R.S.;
(XIV) Pursuant to the "Colorado Partnership for Quality Jobs and Services Act", part 11 of article 50 of this title 24, records created in compliance with the requirements of a state employee partnership agreement as specified in section 24-50-1111 (3)(d) and documents created in connection with the dispute resolution process for an employee partnership agreement as specified in section 24-50-1113 (2)(e);
(XV) Repealed.
(XVI) Records related to complaints received by the office of the judicial discipline ombudsman pursuant to section 13-3-120, including any record that names or otherwise identifies a specific complainant or other person involved in the complaint;
(XVII) A complaint of harassment or discrimination, as described in section 22-1-143, that is unsubstantiated and all records related to the unsubstantiated complaint, including records of an investigation into the complaint; or
(XVIII) Jail assessments conducted pursuant to section 30-10-530 (5)(d) or 24-31-118.
(6.5) (a) "Work product" means and includes all intra- or inter-agency advisory or deliberative materials assembled for the benefit of elected officials, which materials express an opinion or are deliberative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to:
(I) Notes and memoranda that relate to or serve as background information for such decisions;
(II) Preliminary drafts and discussion copies of documents that express a decision by an elected official.
rative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to:
(I) Notes and memoranda that relate to or serve as background information for such decisions;
(II) Preliminary drafts and discussion copies of documents that express a decision by an elected official.
(b) "Work product" also includes:
(I) All documents relating to the drafting of bills or amendments, pursuant to section 2-3-304 (1) or 2-3-505 (2)(b), C.R.S., but it does not include the final version of documents prepared or assembled pursuant to section 2-3-505 (2)(c), C.R.S.;
(II) All documents prepared or assembled by a member of the general assembly relating to the drafting of bills or amendments;
(III) All documents prepared by or submitted to any legislative staff in connection with assisting a member of the general assembly in responding to the correspondence from a constituent when such correspondence is not a public record of an elected official as provided for in subsection (6) of this section;
(IV) All documents and all research projects conducted by staff of legislative council pursuant to section 2-3-304 (1), C.R.S., if the research is requested by a member of the general assembly and identified by the member as being in connection with pending or proposed legislation or amendments thereto. However, the final product of any such research project shall become a public record unless the member specifically requests that it remain work product. In addition, if such a research project is requested by a member of the general assembly and the project is not identified as being in connection with pending or proposed legislation or amendments thereto, the final product shall become a public record.
(c) "Work product" does not include:
(I) Any final version of a document that expresses a final decision by an elected official;
(II) Any final version of a fiscal or performance audit report or similar document the purpose of which is to investigate, track, or account for the operation or management of a public entity or the expenditure of public money, together with the final version of any supporting material attached to such final report or document;
(III) Any final accounting or final financial record or report;
(IV) Any materials that would otherwise constitute work product if such materials are produced and distributed to the members of a public body for their use or consideration in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.
(d) (I) In addition, "work product" does not include any final version of a document prepared or assembled for an elected official that consists solely of factual information compiled from public sources. The final version of such a document shall be a public record. These documents include, but are not limited to:
(A) Comparisons of existing laws, ordinances, rules, or regulations with the provisions of any bill, amendment, or proposed law, ordinance, rule, or regulation; comparisons of any bills, amendments, or proposed laws, ordinances, rules, or regulations with other bills, amendments, or proposed laws, ordinances, rules, or regulations; comparisons of different versions of bills, amendments, or proposed laws, ordinances, rules, or regulations; and comparisons of the laws, ordinances, rules, or regulations of the jurisdiction of the elected official with the laws, ordinances, rules, or regulations of other jurisdictions;
(B) Compilations of existing public information, statistics, or data;
(C) Compilations or explanations of general areas or bodies of law, ordinances, rules, or regulations, legislative history, or legislative policy.
; and comparisons of the laws, ordinances, rules, or regulations of the jurisdiction of the elected official with the laws, ordinances, rules, or regulations of other jurisdictions;
(B) Compilations of existing public information, statistics, or data;
(C) Compilations or explanations of general areas or bodies of law, ordinances, rules, or regulations, legislative history, or legislative policy.
(II) This paragraph (d) shall not apply to documents prepared or assembled for members of the general assembly pursuant to paragraph (b) of this subsection (6.5).
(7) "Writings" means and includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. "Writings" includes digitally stored data, including without limitation electronic mail messages, but does not include computer software.
(8) For purposes of subsections (6) and (6.5) of this section and sections 24-72-203 (2)(b) and 24-6-402 (2)(d)(III), the members of the independent congressional redistricting commission and the independent legislative redistricting commission are considered elected officials.
C.R.S. § 24-72-203 Public records open to inspection
24-72-203. Public records open to inspection. (1) (a) All public records shall be open for inspection by any person at reasonable times, except as provided in this part 2 or as otherwise provided by law, but the official custodian of any public records may make such rules with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or the custodian's office. Except as otherwise required by section 24-72-204 (3.5)(g), and except when a record requested is confidential and accessible only on the basis that the requester is the person in interest, a custodian of public records shall not require a requester to provide the custodian with any form of identification to request or inspect records pursuant to this part 2.
(b) Where public records are kept only in miniaturized or digital form, whether on magnetic or optical disks, tapes, microfilm, microfiche, or otherwise, the official custodian shall:
(I) Adopt a policy regarding the retention, archiving, and destruction of such records; and
(II) Take such measures as are necessary to assist the public in locating any specific public records sought and to ensure public access to the public records without unreasonable delay or unreasonable cost. Such measures may include, without limitation, the availability of viewing stations for public records kept on microfiche; the provision of portable disk copies of computer files; or direct electronic access via online bulletin boards or other means.
(2) (a) If the public records requested are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact, in writing if requested by the applicant. In such notification, the person shall state in detail to the best of the person's knowledge and belief the reason for the absence of the records from the person's custody or control, the location of the records, and what person then has custody or control of the records.
(b) If an official custodian has custody of correspondence sent by or received by an elected official, the official custodian shall consult with the elected official prior to allowing inspection of the correspondence for the purpose of determining whether the correspondence is a public record.
(3) (a) If the public records requested are in the custody and control of the person to whom application is made but are in active use, in storage, or otherwise not readily available at the time an applicant asks to examine them, the custodian shall forthwith notify the applicant of this fact, in writing if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour at which time the records will be available for inspection.
rol of the person to whom application is made but are in active use, in storage, or otherwise not readily available at the time an applicant asks to examine them, the custodian shall forthwith notify the applicant of this fact, in writing if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour at which time the records will be available for inspection.
(b) The date and hour set for the inspection of records not readily available at the time of the request shall be within a reasonable time after the request. As used in this subsection (3), a "reasonable time" shall be presumed to be three working days or less. Such period may be extended if extenuating circumstances exist. However, such period of extension shall not exceed seven working days. A finding that extenuating circumstances exist shall be made in writing by the custodian and shall be provided to the person making the request within the three-day period. Extenuating circumstances shall apply only when:
(I) A broadly stated request is made that encompasses all or substantially all of a large category of records and the request is without sufficient specificity to allow the custodian reasonably to prepare or gather the records within the three-day period; or
(II) A broadly stated request is made that encompasses all or substantially all of a large category of records and the agency is unable to prepare or gather the records within the three-day period because:
(A) The agency needs to devote all or substantially all of its resources to meeting an impending deadline or period of peak demand that is either unique or not predicted to recur more frequently than once a month; or
(B) In the case of the general assembly or its staff or service agencies, the general assembly is in session; or
(III) A request involves such a large volume of records that the custodian cannot reasonably prepare or gather the records within the three-day period without substantially interfering with the custodian's obligation to perform his or her other public service responsibilities.
(c) In no event can extenuating circumstances apply to a request that relates to a single, specifically identified document.
(d) Notwithstanding any other provision of this section, if the public records requested are election-related and are in the custody and control of a county clerk and recorder but are in active use, in storage, or otherwise not readily available at the time a requester asks to examine them, and the request is made during an election for which the county clerk and recorder is the designated election official, the county clerk and recorder may, at the county clerk and recorder's discretion, take additional time to fulfill the request as specified in this subsection (3)(d); except that the provisions of this subsection (3)(d) do not apply if the requester of the public records is a mass medium organization as defined in section 13-90-119 (1)(a), or a newsperson, as defined in section 13-90-119 (1)(c). The county clerk and recorder may take additional time to fulfill the request as follows:
(I) During the period beginning on the sixtieth day before election day and concluding with the date by which the county clerk and recorder certifies the final official abstract of votes cast for the applicable election, the county clerk and recorder may extend the period for production of records up to an additional ten working days past the seven-day extension allowed under subsection (3)(b) of this section;
(II) The county clerk and recorder shall provide written notice of the extension to the requester within three working days from the date of the request;
(III) The county clerk and recorder may not extend the period for production of any record that:
(A) Is a list of voters, a list of voters who have returned their ballots, or a list of voters who have ballots that need to be cured; or
section;
(II) The county clerk and recorder shall provide written notice of the extension to the requester within three working days from the date of the request;
(III) The county clerk and recorder may not extend the period for production of any record that:
(A) Is a list of voters, a list of voters who have returned their ballots, or a list of voters who have ballots that need to be cured; or
(B) Is necessary for an interested party, as defined in section 1-10.5-106 (1), to determine whether or not to request a recount under section 1-10.5-106, or to facilitate the conduct of a recount; and
(IV) A requester whose public records request is subject to the extension pursuant to subsection (3)(d)(I) of this section may apply to the district court under the procedures set forth in section 1-1-113 for an order directing the county clerk and recorder to produce the requested records or show cause why the additional extension period applies.
(3.5) (a) Except as otherwise required by subsection (3.5)(b) of this section:
(I) If a public record is stored in a digital format that is neither searchable nor sortable, the custodian shall provide a copy of the public record in a digital format.
(II) If a public record is stored in a digital format that is searchable, the custodian shall provide a digital copy of the public record in a searchable format unless otherwise requested by the requester.
(III) If a public record is stored in a digital format that is sortable, the custodian shall provide a copy of the public record in a sortable format.
(IV) If a public record is available in a digital format, the custodian shall transmit a digital copy of the public record in a digital format by electronic mail or by another mutually agreed upon transmission method if the size of the record prevents transmission by electronic communication.
(V) Except as otherwise required by subsection (3.5)(b) of this section, a custodian shall not convert a digital public record into a non-searchable format before transmission.
(b) A custodian is not required to produce a digital public record in a searchable or sortable format in accordance with subsection (3.5)(a) of this section if:
(I) Producing the record in the requested format would violate the terms of any copyright or licensing agreement between the custodian and a third party or result in the release of a third party's proprietary information; or
(II) After making reasonable inquiries, it is not technologically or practically feasible to permanently remove information that the custodian is required or allowed to withhold within the requested format, it is not technologically or practically feasible to provide a copy of the record in a digital searchable or sortable format, or if the custodian would be required to purchase software or create additional programming or functionality in its existing software to remove the information.
(c) If a custodian is not able to comply with a request to produce a public record that is subject to disclosure in a requested format specified in subsection (3.5)(a) of this section, the custodian shall produce the record in an alternate format or issue a denial under section 24-72-204 and shall provide a written declaration attesting to the reasons the custodian is not able to produce the record in the requested format. If a court subsequently rules the custodian should have provided the record in the requested format, attorney fees may be awarded only if the custodian's action was arbitrary or capricious.
(d) Altering an existing public record, or excising fields of information pursuant to this subsection (3.5) to remove information that the custodian is either required or permitted to withhold, does not constitute the creation of a new public record.
an should have provided the record in the requested format, attorney fees may be awarded only if the custodian's action was arbitrary or capricious.
(d) Altering an existing public record, or excising fields of information pursuant to this subsection (3.5) to remove information that the custodian is either required or permitted to withhold, does not constitute the creation of a new public record.
(e) Nothing in this subsection (3.5) relieves or mitigates the obligations of a custodian to produce a public record in a format accessible to individuals with disabilities in accordance with Title II of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and other federal or state laws.
(4) Nothing in this article shall preclude the state or any of its agencies, institutions, or political subdivisions from obtaining and enforcing trademark or copyright protection for any public record, and the state and its agencies, institutions, and political subdivisions are hereby specifically authorized to obtain and enforce such protection in accordance with the applicable federal law; except that this authorization shall not restrict public access to or fair use of copyrighted materials and shall not apply to writings which are merely lists or other compilations.
C.R.S. § 24-72-204 Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal
24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal. (1) The custodian of any public records shall allow any person the right of inspection of such records or any portion thereof except on one or more of the following grounds or as provided in subsection (2) or (3) of this section:
(a) Such inspection would be contrary to any state statute.
(b) Such inspection would be contrary to any federal statute or regulation issued thereunder having the force and effect of law.
(c) Such inspection is prohibited by rules promulgated by the supreme court or by the order of any court.
(d) Such inspection would be contrary to the requirements of any joint rule of the senate and the house of representatives pertaining to lobbying practices.
(2) (a) The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
(I) Any records of the investigations conducted by any sheriff, prosecuting attorney, or police department, any records of the intelligence information or security procedures of any sheriff, prosecuting attorney, or police department, or any investigatory files compiled for any other law enforcement purpose;
(II) Test questions, scoring keys, and other examination data pertaining to administration of a licensing examination, examination for employment, or academic examination; except that written promotional examinations and the scores or results thereof conducted pursuant to the state personnel system or any similar system shall be available for inspection, but not copying or reproduction, by the person in interest after the conducting and grading of any such examination;
(III) The specific details of bona fide research projects being conducted by a state institution, including, without limitation, research projects undertaken by staff or service agencies of the general assembly or the office of the governor in connection with pending or anticipated legislation;
(IV) The contents of real estate appraisals made for the state or a political subdivision thereof relative to the acquisition of property or any interest in property for public use, until such time as title to the property or property interest has passed to the state or political subdivision; except that the contents of such appraisal shall be available to the owner of the property, if a condemning authority determines that it intends to acquire said property as provided in section 38-1-121, C.R.S., relating to eminent domain proceedings, but, in any case, the contents of such appraisal shall be available to the owner under this section no later than one year after the condemning authority receives said appraisal; and except as provided by the Colorado rules of civil procedure. If condemnation proceedings are instituted to acquire any such property, any owner of such property who has received the contents of any appraisal pursuant to this section shall, upon receipt thereof, make available to said state or political subdivision a copy of the contents of any appraisal which the owner has obtained relative to the proposed acquisition of the property.
(V) Any market analysis data generated by the department of transportation's bid analysis and management system for the confidential use of the department of transportation in awarding contracts for construction or for the purchase of goods or services and any records, documents, and automated systems prepared for the bid analysis and management system;
(VI) Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121, C.R.S.;
use of the department of transportation in awarding contracts for construction or for the purchase of goods or services and any records, documents, and automated systems prepared for the bid analysis and management system;
(VI) Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121, C.R.S.;
(VII) Electronic mail addresses, telephone numbers, or home addresses provided by a person to an elected official, agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the elected official, agency, institution, or political subdivision;
(VIII) (A) Specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure, including the specific engineering, vulnerability, detailed design information, protective measures, emergency response plans, or system operational data of such assets that would be useful to a person in planning an attack on critical infrastructure but that does not simply provide the general location of such infrastructure. Nothing in this subsection (2)(a)(VIII) prohibits the custodian from transferring records containing specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure to the division of homeland security and emergency management in the department of public safety, the governing body of any city, county, city and county, or other political subdivision of the state, or any federal, state, or local law enforcement agency; except that the custodian shall not transfer any record received from a nongovernmental entity without the prior written consent of the entity unless such information is already publicly available.
(B) Records of the expenditure of public moneys on security arrangements or investigations, including contracts for security arrangements and records related to the procurement of, budgeting for, or expenditures on security systems, shall be open for inspection, except to the extent that they contain specialized details of security arrangements or investigations. A custodian may deny the right of inspection of only the portions of a record described in this sub-subparagraph (B) that contain specialized details of security arrangements or investigations and shall allow inspection of the remaining portions of the record.
(C) If an official custodian has custody of a public record provided by another public entity, including the state or a political subdivision, that contains specialized details of security arrangements or investigations, the official custodian shall refer a request to inspect that public record to the official custodian of the public entity that provided the record and shall disclose to the person making the request the names of the public entity and its official custodian to which the request is referred.
(IX) (A) Any records of ongoing civil or administrative investigations conducted by the state or an agency of the state in furtherance of their statutory authority to protect the public health, welfare, or safety unless the investigation focuses on a person or persons inside of the investigative agency.
(B) Upon conclusion of a civil or administrative investigation that is closed because no further investigation, discipline, or other agency response is warranted, all records not exempt pursuant to any other law are open to inspection; except that the custodian may remove the name or other personal identifying or financial information of witnesses or targets of such closed investigations from investigative records prior to inspection.
nistrative investigation that is closed because no further investigation, discipline, or other agency response is warranted, all records not exempt pursuant to any other law are open to inspection; except that the custodian may remove the name or other personal identifying or financial information of witnesses or targets of such closed investigations from investigative records prior to inspection.
(C) Notwithstanding any other provision of this subparagraph (IX), a record is not subject to withholding on the grounds that it is maintained or kept in a civil or administrative investigative file except pursuant to paragraph (a) of subsection (6) of this section if the record was publicly disclosed; was filed with an agency of the state by a regulated entity under a statutory, regulatory, or permit requirement; or was received from a governmental entity and would be available if requested directly from the transmitting entity.
(D) Nothing in this subparagraph (IX) prohibits an agency from disclosing information or materials during an open investigation if it is in the interest of public health, welfare, or safety.
(X) Any records containing data or information that reveals the specific location or could be used to determine the specific location of:
(A) A plant species identified as a Colorado plant of greatest conservation need in Colorado's state wildlife action plan;
(B) An individual animal or a group of animals; or
(C) An individual animal's or group of animal's breeding or nesting habitat.
(b) If the right of inspection of any record falling within any of the classifications listed in this subsection (2) is allowed to any officer or employee of any newspaper, radio station, television station, or other person or agency in the business of public dissemination of news or current events, it shall be allowed to all such news media.
(c) Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.
(d) Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a witness protection board, the department of public safety, or a prosecuting attorney that are confidential pursuant to section 24-33.5-106.5.
(e) Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by the safe2tell program, as described in section 24-31-606.
ess protection board, the department of public safety, or a prosecuting attorney that are confidential pursuant to section 24-33.5-106.5.
(e) Notwithstanding any provision to the contrary in subparagraph (I) of paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by the safe2tell program, as described in section 24-31-606.
(3) (a) The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that the custodian shall make any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):
(I) Medical, mental health, sociological, and scholastic achievement data, and electronic health records, on individual persons, other than scholastic achievement data submitted as part of finalists' records as set forth in subsection (3)(a)(XI) of this section and exclusive of coroners' autopsy reports and group scholastic achievement data from which individuals cannot be identified; but either the custodian or the person in interest may request a professionally qualified person, who shall be furnished by the said custodian, to be present to interpret the records;
(II) (A) Personnel files; but such files shall be available to the person in interest and to the duly elected and appointed public officials who supervise such person's work.
(B) The provisions of this subparagraph (II) shall not be interpreted to prevent the public inspection or copying of any employment contract or any information regarding amounts paid or benefits provided under any settlement agreement pursuant to the provisions of article 19 of this title.
(III) Letters of reference;
(IV) Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data, including a social security number unless disclosure of the number is required, permitted, or authorized by state or federal law, furnished by or obtained from any person;
(V) Library and museum material contributed by private persons, to the extent of any limitations placed thereon as conditions of such contributions;
(VI) Except as provided in section 1-2-227, addresses and telephone numbers of students in any public elementary or secondary school;
(VII) Library records disclosing the identity of a user as prohibited by section 24-90-119;
(VIII) Repealed.
(IX) Names, addresses, telephone numbers, and personal financial information of past or present users of public utilities, public facilities, or recreational or cultural services that are owned and operated by the state, its agencies, institutions, or political subdivisions; except that nothing in this subparagraph (IX) shall prohibit the custodian of records from transmitting such data to any agent of an investigative branch of a federal agency or any criminal justice agency as defined in section 24-72-302 (3) that makes a request to the custodian to inspect such records and who asserts that the request for information is reasonably related to an investigation within the scope of the agency's authority and duties. Nothing in this subparagraph (IX) shall be construed to prohibit the publication of such information in an aggregate or statistical form so classified as to prevent the identification, location, or habits of individuals.
custodian to inspect such records and who asserts that the request for information is reasonably related to an investigation within the scope of the agency's authority and duties. Nothing in this subparagraph (IX) shall be construed to prohibit the publication of such information in an aggregate or statistical form so classified as to prevent the identification, location, or habits of individuals.
(X) (A) Any records of sexual harassment complaints and investigations, whether or not such records are maintained as part of a personnel file; except that, an administrative agency investigating the complaint may, upon a showing of necessity to the custodian of records, gain access to information necessary to the investigation of such a complaint. This sub-subparagraph (A) shall not apply to records of sexual harassment complaints and investigations that are included in court files and records of court proceedings. Disclosure of all or a part of any records of sexual harassment complaints and investigations to the person in interest is permissible to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved. This sub-subparagraph (A) shall not preclude disclosure of all or part of the results of an investigation of the general employment policies and procedures of an agency, office, department, or division, to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved.
(B) A person in interest under this subparagraph (X) includes the person making a complaint and the person whose conduct is the subject of such a complaint.
(C) A person in interest may make a record maintained pursuant to this subparagraph (X) available for public inspection when such record supports the contention that a publicly reported, written, printed, or spoken allegation of sexual harassment against such person is false.
(D) Repealed.
(X.5) Records created, maintained, or provided to a custodian by the office of legislative workplace relations created in section 2-3-511 that are related to a workplace harassment complaint or investigation, a complaint under the workplace expectations policy, or an inquiry or request concerning workplace harassment or conduct, whether or not the records are part of a formal or informal complaint or resolution process;
(XI) (A) Except as provided in subsection (3)(a)(XI)(D) of this section, records submitted by or on behalf of an applicant or candidate for any employment position, including an applicant for an executive position as defined in section 24-72-202 (1.3) who is not a finalist. For purposes of this subsection (3)(a)(XI), "finalist" means an applicant or candidate for an executive position as the chief executive officer of a state agency, institution, or political subdivision or agency thereof who is named as a finalist pursuant to section 24-6-402 (3.5).
(B) This subsection (3)(a)(XI) shall not be construed to prohibit the public inspection or copying of any records submitted by or on behalf of a finalist or the applications of past or current employees; except that letters of reference or medical, psychological, and sociological data concerning finalists or past or current employees shall not be made available for public inspection or copying.
(C) This subsection (3)(a)(XI) applies to employment selection processes for all employment and executive positions, including, but not limited to, selection processes conducted or assisted by private persons or firms at the request of a state agency, institution, or political subdivision.
cerning finalists or past or current employees shall not be made available for public inspection or copying.
(C) This subsection (3)(a)(XI) applies to employment selection processes for all employment and executive positions, including, but not limited to, selection processes conducted or assisted by private persons or firms at the request of a state agency, institution, or political subdivision.
(D) Notwithstanding subsection (3)(a)(XI)(A) of this section, a custodian shall allow public inspection of the demographic data of a candidate who was interviewed by the state public body, local public body, or search committee for an executive position as defined in section 24-72-202 (1.3), but is not named as a finalist pursuant to subsection 24-6-402 (3.5). For purposes of this subsection (3)(a)(XI)(D), "demographic data" means information on a candidate's race and gender that has been legally requested and voluntarily provided on the candidate's application and does not include the candidate's name or other information.
(XII) Any record indicating that a person has obtained an identifying license plate or placard for persons with disabilities under section 42-3-204, C.R.S., or any other motor vehicle record that would reveal the presence of a disability;
(XIII) Records protected under the common law governmental or "deliberative process" privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived. The general assembly hereby finds and declares that in some circumstances, public disclosure of such records may cause substantial injury to the public interest. If any public record is withheld pursuant to this subparagraph (XIII), the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest. If the applicant so requests, the custodian shall apply to the district court for an order permitting him or her to restrict disclosure. The application shall be subject to the procedures and burden of proof provided for in subsection (6) of this section. All persons entitled to claim the privilege with respect to the records in issue shall be given notice of the proceedings and shall have the right to appear and be heard. In determining whether disclosure of the records would cause substantial injury to the public interest, the court shall weigh, based on the circumstances presented in the particular case, the public interest in honest and frank discussion within government and the beneficial effects of public scrutiny upon the quality of governmental decision-making and public confidence therein.
ear and be heard. In determining whether disclosure of the records would cause substantial injury to the public interest, the court shall weigh, based on the circumstances presented in the particular case, the public interest in honest and frank discussion within government and the beneficial effects of public scrutiny upon the quality of governmental decision-making and public confidence therein.
(XIV) [Editor's note: This version of subsection (3)(a)(XIV) is effective until January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), "person in interest" means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(XIV) [Editor's note: This version of subsection (3)(a)(XIV) is effective January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian or veterinary professional associate enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), "person in interest" means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(XV) Nominations submitted to a state institution of higher education for the awarding of honorary degrees, medals, and other honorary awards by the institution, proposals submitted to a state institution of higher education for the naming of a building or a portion of a building for a person or persons, and records submitted to a state institution of higher education in support of such nominations and proposals;
(XVI) (Deleted by amendment, L. 2003, p. 1636, § 1, effective May 2, 2003.)
(XVII) Repealed.
(XVIII) (A) Military records filed with a county clerk and recorder's office concerning a member of the military's separation from military service, including the form DD214 issued to a member of the military upon separation from service, that are restricted from public access pursuant to 5 U.S.C. sec. 552 (b)(6) and the requirements established by the national archives and records administration. Notwithstanding any other provision of this section, if the member of the military about whom the record concerns is deceased, the custodian shall allow the right of inspection to the member's parents, siblings, widow or widower, and children.
(B) On and after July 1, 2002, any county clerk and recorder that accepts for filing any military records described in sub-subparagraph (A) of this subparagraph (XVIII) shall maintain such military records in a manner that ensures that such records will not be available to the public for inspection except as provided in sub-subparagraph (A) of this subparagraph (XVIII).
(C) Nothing in this subparagraph (XVIII) shall prohibit a county clerk and recorder from taking appropriate protective actions with regard to records that were filed with or placed in storage by the county clerk and recorder prior to July 1, 2002, in accordance with any limitations determined necessary by the county clerk and recorder.
(D) The county clerk and recorder and any individual employed by the county clerk and recorder shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.
(XIX) (A) Except as provided in subsection (3)(a)(XIX)(C) of this section, applications for a marriage license submitted pursuant to part 1 of article 2 of title 14 and, except as provided in subsection (3)(a)(XIX)(C) of this section, applications for a civil union license submitted pursuant to article 15 of title 14. A person in interest under this subsection (3)(a)(XIX) includes an immediate family member of either party to the marriage application. As used in this subsection (3)(a)(XIX), "immediate family member" means a person who is related by blood, marriage, or adoption. Nothing in this subsection (3)(a)(XIX) is construed to prohibit the inspection of marriage licenses or marriage certificates or of civil union certificates or to otherwise change the status of those licenses or certificates as public records.
(B) Repealed.
(C) Upon application by any person to the district court in the district wherein a record of an application for a marriage license or a civil union license is found, the district court may, in its discretion and upon good cause shown, order the custodian to permit the inspection of such record.
(XX) Repealed.
e change the status of those licenses or certificates as public records.
(B) Repealed.
(C) Upon application by any person to the district court in the district wherein a record of an application for a marriage license or a civil union license is found, the district court may, in its discretion and upon good cause shown, order the custodian to permit the inspection of such record.
(XX) Repealed.
(XXI) All records, including, but not limited to, analyses and maps, compiled or maintained pursuant to statute or rule by the department of natural resources or its divisions that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners or lands; except that summary or aggregated data that do not specifically identify individual landowners or specific parcels of land shall not be subject to this subparagraph (XXI);
(XXII) Personal information, as defined in section 18-9-313 (1)(l), in a record for which the custodian has received a request under section 18-9-313, and personal information, as defined in section 18-9-313.5 (1)(e), in a record for which the custodian has received a request under section 18-9-313.5 (3), unless access to the information is authorized by section 18-9-313.5 (3)(c);
(XXIII) Records, including analyses and maps, compiled or maintained in accordance with article 73 of title 35 that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners, land managers, agricultural producers, or parcels of land; except that the custodian may release or authorize inspection of summary or aggregated data that do not specifically identify individual landowners, land managers, agricultural producers, or parcels of land.
(b) Nothing in this subsection (3) shall prohibit the custodian of records from transmitting data concerning the scholastic achievement of any student to any prospective employer of such student, nor shall anything in this subsection (3) prohibit the custodian of records from making available for inspection, from making copies, print-outs, or photographs of, or from transmitting data concerning the scholastic achievement or medical, psychological, or sociological information of any student to any law enforcement agency of this state, of any other state, or of the United States where such student is under investigation by such agency and the agency shows that such data is necessary for the investigation.
(c) Nothing in this subsection (3) shall prohibit the custodian of the records of a school, including any institution of higher education, or a school district from transmitting data concerning standardized tests, scholastic achievement, disciplinary information involving a student, or medical, psychological, or sociological information of any student to the custodian of such records in any other such school or school district to which such student moves, transfers, or makes application for transfer, and the written permission of such student or his or her parent or guardian shall not be required therefor. No state educational institution shall be prohibited from transmitting data concerning standardized tests or scholastic achievement of any student to the custodian of such records in the school, including any state educational institution, or school district in which such student was previously enrolled, and the written permission of such student or his or her parent or guardian shall not be required therefor.
ational institution shall be prohibited from transmitting data concerning standardized tests or scholastic achievement of any student to the custodian of such records in the school, including any state educational institution, or school district in which such student was previously enrolled, and the written permission of such student or his or her parent or guardian shall not be required therefor.
(d) This subsection (3)(d) applies to all public schools and school districts that receive funding under article 54 of title 22. Notwithstanding subsection (3)(a)(VI) of this section, under policies adopted by the local board of education, the names, addresses, and home telephone numbers of students in any secondary school must be released to a recruiting officer for any branch of the United States armed forces who requests such information, subject to the following:
(I) Each local board of education shall adopt a policy to govern the release of the names, addresses, and home telephone numbers of secondary school students to military recruiting officers that provides that such information shall be released to recruiting officers unless a student submits a request, in writing, that such information not be released.
(II) The directory information requested by a recruiting officer shall be released by the local board of education within ninety days of the date of the request.
(III) The local board of education shall comply with any applicable provisions of the federal "Family Educational Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. sec. 1232g, and the federal regulations cited thereunder relating to the release of student information by educational institutions that receive federal funds.
(IV) Actual direct expenses incurred in furnishing this information shall be paid for by the requesting service and shall be reasonable and customary.
(V) The recruiting officer shall use the data released for the purpose of providing information to students regarding military service and shall not use it for any other purpose or release such data to any person or organization other than individuals within the recruiting services of the armed forces.
(e) (I) This subsection (3)(e) applies to all public schools and school districts. Notwithstanding subsection (3)(a)(I) of this section, under policies adopted by each local board of education, consistent with applicable provisions of the federal "Family Educational Rights and Privacy Act of 1974" (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, information directly related to a student and maintained by a public school or by a person acting for the public school must be available for release if the disclosure meets one or more of the following conditions:
(A) The disclosure is to other school officials, including teachers, working in the school at which the student is enrolled who have specific and legitimate educational interests in the information for use in furthering the student's academic achievement or maintaining a safe and orderly learning environment;
(B) The disclosure is to officials of a school at which the student seeks or intends to enroll or the disclosure is to officials at a school at which the student is currently enrolled or receiving services, after making a reasonable attempt to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or attending an institution of postsecondary education, as prescribed by federal regulation;
ol at which the student seeks or intends to enroll or the disclosure is to officials at a school at which the student is currently enrolled or receiving services, after making a reasonable attempt to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or attending an institution of postsecondary education, as prescribed by federal regulation;
(C) The disclosure is to state or local officials or authorities if the disclosure concerns the juvenile justice system and the system's ability to serve effectively, prior to adjudication, the student whose records are disclosed and if the officials and authorities to whom the records are disclosed certify in writing that the information shall not be disclosed to any other party, except as otherwise provided by law, without the prior written consent of the student's parent or legal guardian or of the student if he or she is at least eighteen years of age or is attending an institution of postsecondary education;
(D) The disclosure is to comply with a judicial order or a lawfully issued subpoena, if a reasonable effort is made to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or is attending a postsecondary institution about the order or subpoena in advance of compliance, so that such parent, legal guardian, or student is provided an opportunity to seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or the issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
(E) The disclosure is in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals, as specifically prescribed by federal regulation.
(II) Nothing in this paragraph (e) shall prevent public school administrators, teachers, or staff from disclosing information derived from personal knowledge or observation and not derived from a student's record maintained by a public school or a person acting for the public school.
(3.5) (a) Effective January 1, 1992, any individual who meets the requirements of this subsection (3.5) may request that the address of such individual included in any public records concerning that individual which are required to be made, maintained, or kept pursuant to the following sections be kept confidential:
(I) Sections 1-2-227 and 1-2-301, C.R.S.;
(II) (Deleted by amendment, L. 2000, p. 1337, § 1, effective May 30, 2000.)
(III) Section 24-6-202.
(b) (I) An individual may make the request of confidentiality allowed by this subsection (3.5) if such individual has reason to believe that such individual, or any member of such individual's immediate family who resides in the same household as such individual, will be exposed to criminal harassment as prohibited in section 18-9-111, C.R.S., or otherwise be in danger of bodily harm, if such individual's address is not kept confidential in accordance with this subsection (3.5).
ction (3.5) if such individual has reason to believe that such individual, or any member of such individual's immediate family who resides in the same household as such individual, will be exposed to criminal harassment as prohibited in section 18-9-111, C.R.S., or otherwise be in danger of bodily harm, if such individual's address is not kept confidential in accordance with this subsection (3.5).
(II) A request of confidentiality with respect to records described in subparagraph (I) of paragraph (a) of this subsection (3.5) shall be made in person in the office of the county clerk and recorder of the county where the individual making the request resides. Requests shall be made on application forms approved by the secretary of state, after consultation with county clerk and recorders. The application form shall provide space for the applicant to provide his or her name and address, date of birth, and any other identifying information determined by the secretary of state to be necessary to carry out the provisions of this subsection (3.5). In addition, an affirmation shall be printed on the form, in the area immediately above a line for the applicant's signature and the date, stating the following: "I swear or affirm, under penalty of perjury, that I have reason to believe that I, or a member of my immediate family who resides in my household, will be exposed to criminal harassment, or otherwise be in danger of bodily harm, if my address is not kept confidential." Immediately below the signature line, there shall be printed a notice, in a type that is larger than the other information contained on the form, that the applicant may be prosecuted for perjury in the second degree under section 18-8-503, C.R.S., if the applicant signs such affirmation and does not believe such affirmation to be true.
(III) The county clerk and recorder of each county shall provide an opportunity for any individual to make the request of confidentiality allowed by this subsection (3.5) in person at the time such individual makes application to the county clerk and recorder to register to vote or to make any change in such individual's registration, and at any other time during normal business hours of the office of the county clerk and recorder. The county clerk and recorder shall forward a copy of each completed application to the secretary of state for purposes of the records maintained by him or her pursuant to subparagraph (I) of paragraph (a) of this subsection (3.5). The county clerk and recorder shall collect a processing fee in the amount of five dollars of which amount two dollars and fifty cents shall be transmitted to the secretary of state for the purpose of offsetting the secretary of state's costs of processing applications forwarded to the secretary of state pursuant to this subparagraph (III). All processing fees received by the secretary of state pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.
(IV) The secretary of state shall provide an opportunity for any individual to make the request of confidentiality allowed by paragraph (a) of this subsection (3.5), with respect to the records described in subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary of state may charge a processing fee, not to exceed five dollars, for each such request. All processing fees collected by the secretary of state pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.
raph (III) of paragraph (a) of this subsection (3.5). The secretary of state may charge a processing fee, not to exceed five dollars, for each such request. All processing fees collected by the secretary of state pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.
(V) Notwithstanding the amount specified for any fee in subparagraph (III) or (IV) of this paragraph (b), the secretary of state by rule or as otherwise provided by law may reduce the amount of one or more of the fees credited to the department of state cash fund if necessary pursuant to section 24-75-402 (3), to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the secretary of state by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4).
(c) The custodian of any records described in subsection (3.5)(a) of this section that concern an individual who has made a request of confidentiality pursuant to this subsection (3.5) and paid any required processing fee shall deny the right of inspection of the individual's address contained in such records on the ground that disclosure would be contrary to the public interest; except that the custodian shall allow the inspection of the records by the individual, by any person authorized in writing by that individual, and by any individual employed by one of the following entities who makes a request to the custodian to inspect the records and who provides evidence satisfactory to the custodian that the inspection is reasonably related to the authorized purpose of the employing entity:
(I) A criminal justice agency, as defined by section 24-72-302 (3);
(II) An agency of the United States, the state of Colorado, or of any political subdivision or authority thereof;
(III) A person required to obtain such individual's address in order to comply with federal or state law or regulations adopted pursuant thereto;
(IV) An insurance company which has a valid certificate of authority to transact insurance business in Colorado as required in section 10-3-105 (1), C.R.S.;
(V) A collection agency which has a valid license as required by section 5-16-115 (1);
(VI) A supervised lender licensed pursuant to section 5-1-301 (46), C.R.S.;
(VII) A bank as defined in section 11-101-401 (5), C.R.S., a trust company as defined in section 11-109-101 (11), C.R.S., a credit union as defined in section 11-30-101 (1), C.R.S., a domestic savings and loan association as defined in section 11-40-102 (5), C.R.S., a foreign savings and loan association as defined in section 11-40-102 (8), C.R.S., or a broker-dealer as defined in section 11-51-201 (2), C.R.S.;
(VIII) An attorney licensed to practice law in Colorado or his representative authorized in writing to inspect such records on behalf of the attorney;
(IX) A manufacturer of any vehicle required to be registered pursuant to the provisions of article 3 of title 42, C.R.S., or a designated agent of such manufacturer. Such inspection shall be allowed only for the purpose of identifying, locating, and notifying the registered owners of such vehicles in the event of a product recall or product advisory and may also be allowed for statistical purposes where such address is not disclosed by such manufacturer or designated agent. No person who obtains the address of an individual pursuant to this subparagraph (IX) shall disclose such information, except as necessary to accomplish said purposes.
and notifying the registered owners of such vehicles in the event of a product recall or product advisory and may also be allowed for statistical purposes where such address is not disclosed by such manufacturer or designated agent. No person who obtains the address of an individual pursuant to this subparagraph (IX) shall disclose such information, except as necessary to accomplish said purposes.
(d) Notwithstanding any provisions of this subsection (3.5) to the contrary, any person who appears in person in the office of any custodian of records described in paragraph (a) of this subsection (3.5) and who presents documentary evidence satisfactory to the custodian that such person is a duly accredited representative of the news media may verify the address of an individual whose address is otherwise protected from inspection in accordance with this subsection (3.5). Such verification shall be limited to the custodian confirming or denying that the address of an individual as known to the representative of the news media is the address of the individual as shown by the records of the custodian.
(e) No person shall make any false statement in requesting any information pursuant to paragraph (a) or (b) of this subsection (3.5).
(f) Any request of confidentiality made pursuant to this subsection (3.5) shall be kept confidential and shall not be open to inspection as a public record unless a written release is executed by the person who made the request.
(g) Prior to the release of any information required to be kept confidential pursuant to this subsection (3.5), the custodian shall require the person requesting the information to produce a valid Colorado driver's license or identification card and written authorization from any entity authorized to receive information under this subsection (3.5). The custodian shall keep a record of the requesting person's name, address, and date of birth and shall make such information available to the individual requesting confidentiality under this subsection (3.5) or any person authorized by such individual.
(4) If the custodian denies access to any public record, the applicant may request a written statement of the grounds for the denial, which statement shall cite the law or regulation under which access is denied and shall be furnished forthwith to the applicant.
(5) (a) Except as provided in subsection (5.5) of this section, any person denied the right to inspect any record covered by this part 2 or who alleges a violation of section 24-72-203 (3.5) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least fourteen days prior to filing an application with the district court, the person who has been denied the right to inspect the record shall file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. During the fourteen-day period before the person may file an application with the district court under this subsection (5)(a), the custodian who has denied the right to inspect the record shall either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. Any common expense necessary to resolve the dispute must be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them
ne if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. Any common expense necessary to resolve the dispute must be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the person must provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least three business days prior to the date on which the person files the application with the district court and, in such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.
(b) Hearing on the application described in subsection (5)(a) of this section must be held at the earliest practical time. Unless the court finds that the denial of the right of inspection was proper, it shall order the custodian to permit such inspection and shall award court costs and reasonable attorney fees to the prevailing applicant in an amount to be determined by the court; except that no court costs and attorney fees shall be awarded to a person who has filed a lawsuit against a state public body or local public body and who applies to the court for an order pursuant to subsection (5)(a) of this section for access to records of the state public body or local public body being sued if the court finds that the records being sought are related to the pending litigation and are discoverable pursuant to chapter 4 of the Colorado rules of civil procedure. In the event the court finds that the denial of the right of inspection was proper, the court shall award court costs and reasonable attorney fees to the custodian if the court finds that the action was frivolous, vexatious, or groundless.
(5.5) (a) Any person seeking access to the record of an executive session meeting of a state public body or a local public body recorded pursuant to section 24-6-402 (2)(d.5) shall, upon application to the district court for the district wherein the records are found, show grounds sufficient to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4). If the applicant fails to show grounds sufficient to support such reasonable belief, the court shall deny the application and, if the court finds that the application was frivolous, vexatious, or groundless, the court shall award court costs and attorney fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious, or groundless action, regardless of the outcome of the in camera review.
ny the application and, if the court finds that the application was frivolous, vexatious, or groundless, the court shall award court costs and attorney fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious, or groundless action, regardless of the outcome of the in camera review.
(b) (I) Upon finding that sufficient grounds exist to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4), the court shall conduct an in camera review of the record of the executive session to determine whether the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4).
(II) If the court determines, based on the in camera review, that violations of the open meetings law occurred, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in section 24-6-402 (3) or (4) or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection.
(6) (a) If, in the opinion of the official custodian of any public record, disclosure of the contents of said record would do substantial injury to the public interest, notwithstanding the fact that said record might otherwise be available to public inspection or if the official custodian is unable, in good faith, after exercising reasonable diligence, and after reasonable inquiry, to determine if disclosure of the public record is prohibited pursuant to this part 2, the official custodian may apply to the district court of the district in which such record is located for an order permitting him or her to restrict such disclosure or for the court to determine if disclosure is prohibited. Hearing on such application shall be held at the earliest practical time. In the case of a record that is otherwise available to public inspection pursuant to this part 2, after a hearing, the court may, upon a finding that disclosure would cause substantial injury to the public interest, issue an order authorizing the official custodian to restrict disclosure. In the case of a record that may be prohibited from disclosure pursuant to this part 2, after a hearing, the court may, upon a finding that disclosure of the record is prohibited, issue an order directing the official custodian not to disclose the record to the public. In an action brought pursuant to this paragraph (a), the burden of proof shall be upon the custodian. The person seeking permission to examine the record shall have notice of said hearing served upon him or her in the manner provided for service of process by the Colorado rules of civil procedure and shall have the right to appear and be heard. The attorney fees provision of subsection (5) of this section shall not apply in cases brought pursuant to this paragraph (a) by an official custodian who is unable to determine if disclosure of a public record is prohibited under this part 2 if the official custodian proves and the court finds that the custodian, in good faith, after exercising reasonable diligence, and after making reasonable inquiry, was unable to determine if disclosure of the public record was prohibited without a ruling by the court.
paragraph (a) by an official custodian who is unable to determine if disclosure of a public record is prohibited under this part 2 if the official custodian proves and the court finds that the custodian, in good faith, after exercising reasonable diligence, and after making reasonable inquiry, was unable to determine if disclosure of the public record was prohibited without a ruling by the court.
(b) In defense against an application for an order under subsection (5) of this section, the custodian may raise any issue that could have been raised by the custodian in an application under paragraph (a) of this subsection (6).
(7) (a) Except as permitted in subsection (7)(b) of this section, the department of revenue or an authorized agent of the department shall not allow a person, other than the person in interest, to inspect information contained in a driver's license application under section 42-2-107, a driver's license renewal application under section 42-2-118, a duplicate driver's license application under section 42-2-117, a commercial driver's license application under section 42-2-403, an identification card application under section 42-2-302, a motor vehicle title application under section 42-6-116, a motor vehicle registration application under section 42-3-113, an identification document under section 42-2-505, or other official record or document maintained by the department under section 42-2-121.
(b) Notwithstanding subsection (7)(a) of this section, only upon obtaining a completed requester release form under section 42-1-206 (1)(b), the department may allow inspection of the information referred to in subsection (7)(a) of this section for the following uses:
(I) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions; except that this subsection (7)(b)(I) does not apply to a request made for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws, 8 U.S.C. sec. 1325, and 8 U.S.C. sec. 1326, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order;
(II) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers;
(III) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
(A) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(B) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
rify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(B) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual;
(IV) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court; except that this subsection (7)(b)(IV) does not apply to a request made for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws, 8 U.S.C. sec. 1325, and 8 U.S.C. sec. 1326, except as required by federal or state law or as required to comply with a court-issued subpoena, warrant, or order;
(V) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact the parties in interest;
(VI) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting;
(VII) For use in providing notice to the owners of towed or impounded vehicles;
(VIII) For use by any licensed security service for any purpose permitted under this subsection (7)(b);
(IX) For use by an employer or its agent or insurer to obtain or verify information relating to a party in interest who is a holder of a commercial driver's license;
(X) For use in connection with the operation of private toll transportation facilities;
(XI) For any other use in response to requests for individual motor vehicle records if the department has obtained the express consent of the party in interest pursuant to section 42-2-121 (4), C.R.S.;
(XII) For bulk distribution for surveys, marketing or solicitations if the department has obtained the express consent of the party in interest pursuant to section 42-2-121 (4), C.R.S.;
(XIII) For use by any requester, if the requester demonstrates he or she has obtained the written consent of the party in interest;
(XIV) For any other use specifically authorized under the laws of the state, if such use is related to the operation of a motor vehicle or public safety; or
(XV) For use by the federally designated organ procurement organization for the purposes of creating and maintaining the organ and tissue donor registry authorized in section 15-19-220.
obtained the written consent of the party in interest;
(XIV) For any other use specifically authorized under the laws of the state, if such use is related to the operation of a motor vehicle or public safety; or
(XV) For use by the federally designated organ procurement organization for the purposes of creating and maintaining the organ and tissue donor registry authorized in section 15-19-220.
(c) (I) For purposes of this paragraph (c), "law" shall mean the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721 et seq., the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq., section 42-1-206, C.R.S., and this part 2.
(II) If the requester release form indicates that the requester will, in any manner, use, obtain, resell, or transfer the information contained in records, requested individually or in bulk, for any purpose prohibited by law, the department or agent shall deny inspection of any motor vehicle or driver record.
(III) In addition to completing the requester release form under section 42-1-206 (1)(b), C.R.S., and subject to the provisions of section 42-1-206 (3.7), C.R.S., the requester shall sign an affidavit of intended use under penalty of perjury that states that the requester shall not obtain, resell, transfer, or use the information in any manner prohibited by law. The department or the department 's authorized agent shall deny inspection of any motor vehicle or driver record to any person, other than a person in interest as defined in section 24-72-202 (4), or a federal, state, or local government agency carrying out its official functions, who has not signed and returned the affidavit of intended use.
(d) Notwithstanding paragraph (b) of this subsection (7), the department of revenue or an authorized agent of the department shall allow inspection of records maintained by the department pursuant to section 42-2-121.5, C.R.S., only by the person in interest or by an officer of a law enforcement or public safety agency in accordance with section 42-2-121.5 (3), C.R.S.
(8) (a) A designated election official shall not allow a person, other than the person in interest, to inspect the election records of any person that contain the original signature, social security number, month of birth, day of the month of birth, or identification of that person, including electronic, digital, or scanned images of a person's original signature, social security number, month of birth, day of the month of birth, or identification.
(b) Nothing in paragraph (a) of this subsection (8) shall be construed to prohibit a designated election official from:
(I) Making such election records available to any law enforcement agency or district attorney of this state in connection with the investigation or prosecution of an election offense specified in article 13 of title 1, C.R.S.;
(II) Making such election records available to employees of or election judges appointed by the designated election official as necessary for those employees or election judges to carry out the duties and responsibilities connected with the conduct of any election; and
(III) Preparing a registration list and making the list available for distribution or sale to or inspection by any person.
R.S.;
(II) Making such election records available to employees of or election judges appointed by the designated election official as necessary for those employees or election judges to carry out the duties and responsibilities connected with the conduct of any election; and
(III) Preparing a registration list and making the list available for distribution or sale to or inspection by any person.
(c) For purposes of this subsection (8):
(I) "Designated election official" shall have the same meaning as set forth in section 1-1-104 (8), C.R.S.
(II) "Election records" shall have the same meaning as set forth in section 1-1-104 (11), C.R.S., and shall include a voter registration application.
(III) "Identification" shall have the same meaning as set forth in section 1-1-104 (19.5), C.R.S.
(IV) "Registration list" shall have the same meaning as set forth in section 1-1-104 (37), C.R.S.
(9) Unless any other provision of this part 2 applies to prevent or restrict disclosure, and notwithstanding subsections (3)(a)(X) and (3)(a)(X.5) of this section, records of sexual harassment complaints made against an elected official and the results or report of investigations regarding alleged sexual harassment by an elected official conducted by or for that official's government shall be made available for inspection if the investigation concludes that the elected official is culpable for any act of sexual harassment; except that the identity of any accuser, accused who is not an elected official, victim, or witness and any other information that would identify any such person must be redacted. The records must be redacted, if possible, to permit inspection without revealing any part of the record that would not be subject to disclosure pursuant to any other provision of this part 2. Nothing in this subsection (9) requires the disclosure of any record subject to part 3 of this article 72.
(10) The custodian of any public records shall not require a nonprofit entity to produce member-specific data, as defined in section 7-90-102 (36.5), that is contained in public records where such records are not subject to inspection and copying pursuant to this section. A custodian shall deny any request to inspect, copy, or reproduce any member-specific data in the possession of a public agency and provided to the public agency by a nonprofit entity. A custodian shall not require a nonprofit entity to produce records and information relating to the identification of individual employees of nonprofit entities with whom the public entity contracts for services or of individual employees of subcontractors of such nonprofit entities.
C.R.S. § 24-72-204.5 Adoption of electronic mail policy
24-72-204.5. Adoption of electronic mail policy. (1) On or before July 1, 1997, the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system shall adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.
(2) The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under section 24-72-203.
(3) On or before January 1, 2024, each member of the general assembly, the governor's office and each office of the governor, and each state agency and institution shall submit a report to the staff of the legislative council of the general assembly outlining its respective electronic mail retention policy. The members of the general assembly may submit individual reports or may submit a report that specifies the electronic mail retention policies of multiple members of the general assembly.
C.R.S. § 24-72-205 Copy, printout, or photograph of a public record - imposition of research and retrieval fee
24-72-205. Copy, printout, or photograph of a public record - imposition of research and retrieval fee. (1) (a) In all cases in which a person has the right to inspect a public record, the person may request a copy, printout, or photograph of the record. The custodian shall furnish a copy, printout, or photograph and may charge a fee determined in accordance with subsection (5) of this section; except that, when the custodian is the secretary of state, fees shall be determined and collected pursuant to section 24-21-104 (3), and when the custodian is the executive director of the department of personnel, fees shall be determined and collected pursuant to section 24-80-102 (10). Where the fee for a certified copy or other copy, printout, or photograph of a record is specifically prescribed by law, the specific fee shall apply.
(b) Upon request for records transmission by a person seeking a copy of any public record, the custodian shall transmit a copy of the record by United States mail, other delivery service, facsimile, or electronic mail. No transmission fees may be charged to the record requester for transmitting public records via electronic mail. Within the period specified in section 24-72-203 (3)(a), the custodian shall notify the record requester that a copy of the record is available but will only be sent to the requester once the custodian either receives payment or makes arrangements for receiving payment for all costs associated with records transmission and for all other fees lawfully allowed, unless recovery of all or any portion of such costs or fees has been waived by the custodian. Upon either receiving such payment or making arrangements to receive such payment at a later date, the custodian shall send the record to the requester as soon as practicable but no more than three business days after receipt of, or making arrangements to receive, such payment.
(2) If the custodian does not have facilities for making a copy, printout, or photograph of a record that a person has the right to inspect, the person shall be granted access to the record for the purpose of making a copy, printout, or photograph. The copy, printout, or photograph shall be made while the record is in the possession, custody, and control of the custodian thereof and shall be subject to the supervision of the custodian. When practical, the copy, printout, or photograph shall be made in the place where the record is kept, but if it is impractical to do so, the custodian may allow arrangements to be made for the copy, printout, or photograph to be made at other facilities. If other facilities are necessary, the cost of providing them shall be paid by the person desiring a copy, printout, or photograph of the record. The custodian may establish a reasonable schedule of times for making a copy, printout, or photograph and may charge the same fee for the services rendered in supervising the copying, printing out, or photographing as the custodian may charge for furnishing a copy, printout, or photograph under subsection (5) of this section.
(3) If, in response to a specific request, the state or any of its agencies, institutions, or political subdivisions has performed a manipulation of data so as to generate a record in a form not used by the state or by said agency, institution, or political subdivision, a reasonable fee may be charged to the person making the request. Such fee shall not exceed the actual cost of manipulating the said data and generating the said record in accordance with the request. Persons making subsequent requests for the same or similar records may be charged a fee not in excess of the original fee.
used by the state or by said agency, institution, or political subdivision, a reasonable fee may be charged to the person making the request. Such fee shall not exceed the actual cost of manipulating the said data and generating the said record in accordance with the request. Persons making subsequent requests for the same or similar records may be charged a fee not in excess of the original fee.
(4) If the public record is a result of computer output other than word processing, the fee for a copy, printout, or photograph thereof may be based on recovery of the actual incremental costs of providing the electronic services and products together with a reasonable portion of the costs associated with building and maintaining the information system. Such fee may be reduced or waived by the custodian if the electronic services and products are to be used for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated.
(5) (a) A custodian may charge a fee not to exceed twenty-five cents per standard page for a copy of a public record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a public record in a format other than a standard page; except that a custodian shall not charge a per-page fee for providing records in a digital or electronic format.
(b) Notwithstanding paragraph (a) of this subsection (5), an institution, as defined in section 24-72-202 (1.5), that is the custodian of scholastic achievement data on an individual person may charge a reasonable fee for a certified transcript of the data.
(6) (a) A custodian may impose a fee in response to a request for the research and retrieval of public records only if the custodian has, prior to the date of receiving the request, either posted on the custodian's website or otherwise published a written policy that specifies the applicable conditions concerning the research and retrieval of public records by the custodian, including the amount of any current fee. Under any such policy, the custodian shall not impose a charge for the first hour of time expended in connection with the research and retrieval of public records. After the first hour of time has been expended, the custodian may charge a fee for the research and retrieval of public records that shall not exceed thirty dollars per hour.
(b) On July 1, 2019, and by July 1 of every five-year period thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the maximum hourly fee specified in subsection (6)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The director of research shall post the adjusted maximum hourly fee on the website of the general assembly.
(7) If a custodian of a public record requested pursuant to this part 2 allows members of the public to pay for any other service or product provided by the custodian with a credit card or electronic payment, the custodian must allow the requester of the public record to pay any fee or deposit associated with the request with a credit card or via an electronic payment. The custodian may require a requester to pay any service charge or fee imposed by the processor of a credit card or electronic payment.
C.R.S. § 24-72-205.5 Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions
24-72-205.5. Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions. (1) (a) By enacting this section, the general assembly intends to permit the inspection of ballots under the conditions specified in this section and to protect the integrity of the election process while protecting voter privacy and preserving secrecy in voting in accordance with the provisions of section 8 of article VII of the state constitution.
(b) In order to facilitate and ensure a consistent application of the provisions of this section across the state, the matters addressed in this section are matters of statewide concern.
(2) As used in this section, unless the context otherwise requires:
(a) "Ballot" means a ballot voted by any acceptable, applicable, or legal method that is in the custody of an election official. "Ballot" includes any digital image or electronic representation of votes cast.
(b) "Designated election official" has the same meaning as set forth in section 1-1-104 (8), C.R.S.
(c) "Interested party" means:
(I) Any candidate who was in an election contest that is the subject of a recount or the political party or political organization as defined in section 1-1-104 (24), C.R.S., of such candidate;
(II) Any petition representative identified pursuant to section 1-40-113 or 31-11-106 (2), C.R.S., as applicable, in connection with a ballot issue or ballot question that is the subject of the recount;
(III) The governing body that referred a ballot question or ballot issue to the electorate that is the subject of the recount; or
(IV) The agent of an issue committee that is required to report contributions pursuant to the "Fair Campaign Practices Act", article 45 of title 1, C.R.S., that either supported or opposed a ballot question or ballot issue that is the subject of the recount.
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), the designated election official shall not fulfill a request under this part 2 for the public inspection of ballots during the period commencing with the forty-fifth day preceding election day and concluding with the date either by which the designated election official is required to certify an official abstract of votes cast for the applicable candidate contest or ballot issue or ballot question pursuant to section 1-10-102 or 31-10-1205 (1), C.R.S., as applicable, or by which any recount conducted in accordance with article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., is completed, as applicable, whichever date is later. The denial of public inspection of ballots authorized pursuant to this paragraph (a) shall also apply to any internal batch reports generated by a designated election official for the specific purpose of auditing ballots received in the course of conducting an election.
rdance with article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., is completed, as applicable, whichever date is later. The denial of public inspection of ballots authorized pursuant to this paragraph (a) shall also apply to any internal batch reports generated by a designated election official for the specific purpose of auditing ballots received in the course of conducting an election.
(b) Notwithstanding any other provision of this section, the denial of public inspection of ballots authorized pursuant to paragraph (a) of this subsection (3) shall apply to a recount that is conducted in accordance with the provisions of article 10.5 of title 1, C.R.S., or section 31-10-1207, C.R.S., as applicable; except that, during the period described in paragraph (a) of this subsection (3), an interested party may inspect and request copies of ballots in connection with such recount without having to obtain a court order granting such inspection. In connection with an inspection by an interested party as authorized by this paragraph (b), an interested party may witness the handling of ballots involved in the recount to verify that the recount is being conducted in a fair, impartial, and uniform manner so as to determine that all ballots that have been cast are accurately interpreted and counted; except that an interested party is not permitted to handle the original ballots. Except as specified in this paragraph (b), nothing in this section shall be construed to prohibit an interested party from requesting copies of ballots in connection with a recount, to affect the conduct of a recount, or to affect the rights of an interested party in connection with a recount.
(c) Notwithstanding any other provision of this section, nothing in this section shall be construed to restrict the public inspection of election records as defined in section 1-1-104 (11), C.R.S.; except that, for purposes of this section, election records shall not include ballots.
(4) (a) In accordance with the provisions of section 24-72-203 (1)(a) and in addition to any other requirements that are applicable to a person requesting the inspection of public records under this part 2, prior to and later than the stay period described in paragraph (a) of subsection (3) of this section, ballots shall be available for inspection by the public in accordance with the requirements of this part 2.
(b) In connection with the public inspection of the ballots to which this section pertains:
(I) The original ballots shall at all times remain in the custody of the designated election official or his or her designee. In the discretion of the designated election official or his or her designee, and subject to the provisions of paragraph (a) of this subsection (4) and this part 2, the designated election official or his or her designee shall determine the manner in which such ballots may be viewed by the public.
(II) The designated election official or his or her designee shall cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;
fficial or his or her designee shall determine the manner in which such ballots may be viewed by the public.
(II) The designated election official or his or her designee shall cover or redact, based upon the most practical means available, any markings or message on a ballot that may identify the particular elector who cast the ballot before the ballot may be made available for public inspection;
(III) To protect the privacy of particular electors, any ballots cast by electors within groups of discrete individuals who are more susceptible of being personally identified, such as military and overseas electors, shall be made available for public inspection only to the extent such ballots may be duplicated without identifying elector information. Insofar as such ballots are not able to be duplicated without identifying elector information, they are not available for public inspection. Notwithstanding any other provision of this section, no ballot, or any portion thereof, may be made available for inspection where the ballot, or any requested portion thereof, is identical in printed form, considering a combination of the election contests at issue and precinct coding, to only nine or fewer ballots, or comparable portions thereof, among all ballots used in the same election. However, any such ballot, or any requested portion thereof, that is identical in printed form to ten or more ballots, or comparable portions thereof, used in the same election may be inspected.
(IV) To protect the privacy of particular electors, ballots made available for inspection may be presented in random order selected by the designated election official or his or her designee;
(V) For the purpose of minimizing the costs of making ballots available for public inspection, the person seeking the inspection may indicate the candidate contest, ballot issue, or ballot question for which the person seeks to inspect the ballots; and
(VI) Any actual costs incurred by the office of the designated election official in making the ballots available for inspection in accordance with the requirements of this section may be charged to the person requesting inspection of the ballots. If the designated election official selects a person other than an employee of his or her office to conduct the duties required by this section, the actual costs to be charged the person seeking inspection shall not exceed the actual costs that would have been incurred if the work involved in complying with the requirements of this section was completed by an employee of the designated election official.
(5) Notwithstanding any other provision of this section, nothing in this section affects either the rights of a watcher set forth in the provisions of titles 1 and 31, C.R.S., or the operation of a canvass board in accordance with the provisions of articles 1 to 13 of title 1, C.R.S.
C.R.S. § 24-72-206 Violation - penalty
24-72-206. Violation - penalty. (Repealed)
C.R.S. § 24-72-301 Legislative declaration
24-72-301. Legislative declaration. (1) The general assembly hereby finds and declares that the maintenance, access and dissemination, completeness, accuracy, and sealing of criminal justice records are matters of statewide concern and that, in defining and regulating those areas, only statewide standards in a state statute are workable.
(2) It is further declared to be the public policy of this state that criminal justice agencies shall maintain records of official actions, as defined in this part 3, and that such records shall be open to inspection by any person and to challenge by any person in interest, as provided in this part 3, and that all other records of criminal justice agencies in this state may be open for inspection as provided in this part 3 or as otherwise specifically provided by law.
C.R.S. § 24-72-302 Definitions
24-72-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Arrest and criminal records information" means information reporting the arrest, indictment, or other formal filing of criminal charges against a person; the identity of the criminal justice agency taking such official action relative to an accused person; the date and place that such official action was taken relative to an accused person; the name, birth date, last-known address, and sex of an accused person; the nature of the charges brought or the offenses alleged against an accused person; and one or more dispositions relating to the charges brought against an accused person.
(2) "Basic identification information" means the name, place and date of birth, last-known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.
(3) "Criminal justice agency" means any court with criminal jurisdiction and any agency of the state, including but not limited to the department of education, or any agency of any county, city and county, home rule city and county, home rule city or county, city, town, territorial charter city, governing boards of institutions of higher education, school district, special district, judicial district, or law enforcement authority that performs any activity directly relating to the detection or investigation of crime; the apprehension, pretrial release, posttrial release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of accused persons or criminal offenders; or criminal identification activities or the collection, storage, or dissemination of arrest and criminal records information.
(4) "Criminal justice records" means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency in the state for use in the exercise of functions required or authorized by law or administrative rule, including but not limited to the results of chemical biological substance testing to determine genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, C.R.S.
(5) "Custodian" means the official custodian or any authorized person having personal custody and control of the criminal justice records in question.
(6) "Disposition" means a decision not to file criminal charges after arrest; the conclusion of criminal proceedings, including conviction, acquittal, or acquittal by reason of insanity; the dismissal, abandonment, or indefinite postponement of criminal proceedings; formal diversion from prosecution; sentencing, correctional supervision, and release from correctional supervision, including terms and conditions thereof; outcome of appellate review of criminal proceedings; or executive clemency.
(7) "Official action" means an arrest; indictment; charging by information; disposition; pretrial or posttrial release from custody; judicial determination of mental or physical condition; decision to grant, order, or terminate probation, parole, or participation in correctional or rehabilitative programs; and any decision to formally discipline, reclassify, or relocate any person under criminal sentence.
(8) "Official custodian" means any officer or employee of the state or any agency, institution, or political subdivision thereof who is responsible for the maintenance, care, and keeping of criminal justice records, regardless of whether such records are in his actual personal custody and control.
(9) "Person" means any natural person, corporation, limited liability company, partnership, firm, or association.
custodian" means any officer or employee of the state or any agency, institution, or political subdivision thereof who is responsible for the maintenance, care, and keeping of criminal justice records, regardless of whether such records are in his actual personal custody and control.
(9) "Person" means any natural person, corporation, limited liability company, partnership, firm, or association.
(10) "Person in interest" means the person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his parents or duly appointed legal representative.
(11) "Private custodian" means a private entity that has custody of the criminal justice records in question and is in the business of providing the information to others.
C.R.S. § 24-72-303 Records of official actions required - open to inspection - applicability
24-72-303. Records of official actions required - open to inspection - applicability. (1) Each official action as defined in this part 3 shall be recorded by the particular criminal justice agency taking the official action. Such records of official actions shall be maintained by the particular criminal justice agency which took the action and shall be open for inspection by any person at reasonable times, except as provided in this part 3 or as otherwise provided by law. The official custodian of any records of official actions may make such rules and regulations with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office.
(2) If the requested record of official action of a criminal justice agency is not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing, if requested by the applicant. In such notification, he shall state, in detail to the best of his knowledge and belief, the agency which has custody or control of the record in question.
(3) If the requested record of official action of a criminal justice agency is in the custody and control of the person to whom application is made but is in active use or in storage and therefore not available at the time an applicant asks to examine it, the custodian shall forthwith notify the applicant of this fact in writing, if requested by the applicant. If requested by the applicant, the custodian shall set a date and hour within three working days at which time the record will be available for inspection.
(4) (a) Upon completion of an internal investigation, including any appeals process, that examines the in-uniform or on-duty conduct of a peace officer, as described in part 1 of article 2.5 of title 16, related to an incident of alleged misconduct involving a member of the public, the entire investigation file, including the witness interviews, video and audio recordings, transcripts, documentary evidence, investigative notes, and final departmental decision is open for public inspection upon request; except that the custodian may first provide the requester with a summary of the investigation file and if, after reviewing the summary, the requester requests access to the investigation file, the custodian shall provide access to the entire investigation file subject to the provisions of subsections (4)(b), (4)(c), and (4)(d) of this section.
(b) Prior to providing access to the internal investigation file pursuant to subsection (4)(a) of this section, the custodian shall redact or remove the following information from the disclosed records:
(I) Any personal identifying information as defined by section 6-1-713 (2)(b);
(II) Any identifying or contact information related to confidential informants, witnesses, or victims;
(III) The home address, personal phone number, and personal e-mail address of a peace officer;
(IV) Any information prohibited for public release by state or federal law; except that internal investigation records examining in-uniform or on-duty conduct of a peace officer during an alleged incident of office misconduct while interacting with a member of the public does not fall within the definition of "personnel files" in section 24-72-202 (4.5);
(V) Any medical or mental health information;
(VI) Any identifying information related to a juvenile; and
(VII) Any nonfinal disciplinary recommendations.
ords examining in-uniform or on-duty conduct of a peace officer during an alleged incident of office misconduct while interacting with a member of the public does not fall within the definition of "personnel files" in section 24-72-202 (4.5);
(V) Any medical or mental health information;
(VI) Any identifying information related to a juvenile; and
(VII) Any nonfinal disciplinary recommendations.
(c) (I) In addition to the information required to be redacted pursuant to subsection (4)(b) of this section, prior to providing access to the internal investigation file pursuant to subsection (4)(a) of this section, the custodian may also redact only the following from disclosed records:
(A) Any compelled statements made by peace officers who are the subject of a criminal investigation or a filed criminal case directly related to conduct underlying the internal investigation;
(B) Any video interviews if an official transcript of the interview is produced, unless, after receiving the transcript, the requester requests the video;
(C) Any video or photograph that raises substantial privacy concerns for criminal defendants, victims, witnesses, or informants, including video reflecting nudity, a medical emergency, a mental health crisis, a victim interview, or the interior of a home or treatment facility. Whenever possible, the video should be redacted or blurred to protect the privacy interest while still allowing public release.
(D) The identity of officers who volunteered information related to the internal investigation but who are not a subject of the internal investigation; and
(E) Specific information that would reveal confidential intelligence information, confidential security procedures of a law enforcement agency or that, if disclosed, would compromise the safety of a peace officer, witness, or informant. However, nothing in this subsection (4)(c)(I)(E) justifies or permits the redaction or withholding of information describing or depicting use of force by a peace officer on a member of the public.
(II) If a record contains information redacted pursuant to this subsection (4)(c), the applicant may request a written explanation of the reasons for the redaction.
(d) A witness, victim, or criminal defendant may waive in writing the individual privacy interest that may be implicated by public release. Upon receipt of such a written waiver, accompanied by a request for release of the records, the custodian shall not redact, remove, or withhold records to protect the waived privacy interest.
(e) Notwithstanding the provisions of subsection (4)(a) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section may deny inspection of the file if there is an ongoing criminal investigation or criminal case against a peace officer related to the subject of the internal investigation. The investigation file must be open for public inspection upon the dismissal of all charges or upon a sentence for a conviction.
(f) Any person who has been denied access to any information in a completed internal affairs investigation file may file an application in the district court in the county where the records are located for an order directing the custodian thereof to show cause why the withheld or redacted information should not be made available to the applicant. The court shall set the hearing on the order to show cause at the earliest practical time. If the court determines, based on its independent judgment, applying de novo review, that any portion or portions of the completed internal affairs investigation file were improperly withheld pursuant to this section, the court shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld.
g on the order to show cause at the earliest practical time. If the court determines, based on its independent judgment, applying de novo review, that any portion or portions of the completed internal affairs investigation file were improperly withheld pursuant to this section, the court shall order the custodian to provide the applicant with a copy of those portions that were improperly withheld.
(g) Notwithstanding the provisions of subsections (4)(a) and (4)(e) of this section, the custodian of an internal investigation file as described in subsection (4)(a) of this section may deny inspection of the file if the inspection is prohibited by rules promulgated by the Colorado supreme court or by a court order.
(h) This subsection (4) applies to internal investigations initiated after April 12, 2019.
(5) Any compelled statement by a peace officer, or evidence derived from that compelled statement, may not be used against that officer in a criminal prosecution.
C.R.S. § 24-72-304 Inspection of criminal justice records - repeal
24-72-304. Inspection of criminal justice records - repeal. (1) Except for records of official actions which must be maintained and released pursuant to this part 3, all criminal justice records, at the discretion of the official custodian, may be open for inspection by any person at reasonable times, except as otherwise provided by law, and the official custodian of any such records may make such rules and regulations with reference to the inspection of such records as are reasonably necessary for the protection of such records and the prevention of unnecessary interference with the regular discharge of the duties of the custodian or his office.
(2) If the requested criminal justice records are not in the custody or control of the person to whom application is made, such person shall forthwith notify the applicant of this fact in writing, if requested by the applicant. In such notification, he shall state, in detail to the best of his knowledge and belief, the reason for the absence of the records from his custody or control, their location, and what person then has custody or control of the records.
(3) If the requested records are not in the custody and control of the criminal justice agency to which the request is directed but are in the custody and control of a central repository for criminal justice records pursuant to law, the criminal justice agency to which the request is directed shall forward the request to the central repository. If such a request is to be forwarded to the central repository, the criminal justice agency receiving the request shall do so forthwith and shall so advise the applicant forthwith. The central repository shall forthwith reply directly to the applicant.
(4) (a) Except as otherwise provided in this section, the name and any other information that would identify any victim of sexual assault or of alleged sexual assault or attempted sexual assault or alleged attempted sexual assault shall be deleted from any criminal justice record prior to the release of such record to any individual or agency other than a criminal justice agency or the named victim or victim's designee or victim's lawful representative as defined in 24-4.1-302 when such record bears the notation "SEXUAL ASSAULT" prescribed by this subsection (4).
(b) (I) A criminal justice agency or custodian of criminal justice records shall make the notation "SEXUAL ASSAULT" on any record of official action and on the file containing such record when the official action is related to the commission or the alleged commission of any of the following offenses:
(A) Sexual assault under section 18-3-402, C.R.S., or sexual assault in the first degree under section 18-3-402, C.R.S., as it existed prior to July 1, 2000;
(B) Sexual assault in the second degree under section 18-3-403, C.R.S., as it existed prior to July 1, 2000;
(C) Unlawful sexual contact under section 18-3-404, C.R.S., or sexual assault in the third degree under section 18-3-404, C.R.S., as it existed prior to July 1, 2000;
(D) Sexual assault on a child under section 18-3-405, C.R.S.;
(E) Sexual assault on a child by one in a position of trust under section 18-3-405.3, C.R.S.;
(F) Sexual assault on a client by a psychotherapist under section 18-3-405.5, C.R.S.;
(G) Incest under section 18-6-301, C.R.S.;
(H) Aggravated incest under section 18-6-302, C.R.S.; or
(I) An attempt to commit any of the offenses listed in sub-subparagraphs (A) to (H) of this subparagraph (I).
(II) The notation required pursuant to subparagraph (I) of this paragraph (b) shall be made when:
(A) Any record or file or both of official action is prepared relating to the commission or alleged commission of an offense enumerated in subparagraph (I) of this paragraph (b); or
(B) The name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of this paragraph (b) for which official action was taken appears on the criminal information or indictment.
Any record or file or both of official action is prepared relating to the commission or alleged commission of an offense enumerated in subparagraph (I) of this paragraph (b); or
(B) The name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of this paragraph (b) for which official action was taken appears on the criminal information or indictment.
(c) A criminal justice agency or custodian of criminal justice records shall make the notation "SEXUAL ASSAULT" on any record of official action and on the file containing such record when:
(I) Any employee of the court, officer of the court, or judicial officer notifies such agency or custodian of the name of any victim of the commission or alleged commission of any offense enumerated in subparagraph (I) of paragraph (b) of this subsection (4) when such victim's name is disclosed to or obtained by such employee or officer during the course of proceedings related to such official action; or
(II) Such record or file contains the name of a victim of the commission or alleged commission of any such offense and the victim requests the custodian of criminal justice records to make such a notation.
(d) The provisions of this subsection (4) shall not apply to the sharing of information by a state institution of higher education police department to authorized university administrators pursuant to section 23-5-141, C.R.S.
(4.5) (a) (I) Except as otherwise provided in this section, the name and any other information that would identify any child victim or any child witness of offenses, alleged offenses, attempted offenses, or allegedly attempted offenses shall be deleted from any criminal justice record prior to the release of the record to any individual or agency other than a criminal justice agency, the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, county attorneys, the named child victim or child victim's designee or victim's lawful representative as defined in 24-4.1-302, the named child witness or child witness's designee, or except when shared pursuant to subsection (4.5)(d) of this section. This subsection (4.5)(a) does not apply to criminal justice records that solely involve traffic offenses.
(II) (A) The process for releasing records to the office of the state public defender, the office of the alternate defense counsel, the office of respondent parents' counsel, the office of the child's representative, municipal attorneys, and county attorneys pursuant to this subsection (4.5)(a) shall be implemented no later than July 1, 2024.
(B) This subsection (4.5)(a)(II) is repealed effective July 1, 2025.
(a.5) Good cause exception. Disclosure of the name and identifying information of a child victim or child witness is permitted only when authorized by a district court for good cause after notice is provided to the child victim, child witness, child victim's legal guardian, or child witness's legal guardian and a hearing is conducted. Any person may petition a district court for the disclosure of the name and identifying information of a child witness or child victim. For purposes of this subsection (4.5)(a.5), "good cause" means a finding that the person seeking disclosure has established that the public interest in accessing the name and identifying information of a child victim or child witness substantially outweighs the harm to the privacy interest of the child victim, child witness, child victim's legal guardian, or child witness's legal guardian.
(b) Repealed.
poses of this subsection (4.5)(a.5), "good cause" means a finding that the person seeking disclosure has established that the public interest in accessing the name and identifying information of a child victim or child witness substantially outweighs the harm to the privacy interest of the child victim, child witness, child victim's legal guardian, or child witness's legal guardian.
(b) Repealed.
(c) A criminal justice agency or custodian of criminal justice records shall make the notation "CHILD VICTIM" or "CHILD WITNESS" on any record of official action and on the file containing the record when the official action involves a child victim or child witness when:
(I) Any employee of the court, officer of the court, or judicial officer notifies the agency or custodian of the name of a child victim or child witness when the name is disclosed to or obtained by the employee or officer during the course of proceedings related to the official action; or
(II) The record or file contains the name of a child victim or child witness and the child victim, the child witness, or the child's legal guardian requests that the custodian of the criminal justice record make such a notation.
(d) This subsection (4.5) does not apply to the sharing of information between:
(I) Criminal justice agencies, school districts, state institution of higher education police departments and authorized university administrators pursuant to section 23-5-141, assessment centers for children as defined in section 19-1-103, or social services agencies as authorized by section 22-32-109.1 (3);
(II) Public schools and school districts for the purposes of suspension, expulsion, and reenrollment determinations pursuant to sections 22-33-105 (5)(a), 22-33-106 (1.2) and (4)(a), and 19-1-303, C.R.S.; and
(III) The office of the child protection ombudsman, the office of the child's representative, the office of the respondent parents' counsel, child fatality review teams as defined in sections 25-20.5-404, 25-20.5-406, and 26-1-139, C.R.S., and state or county departments of human or social services in the exercise of their duties.
(e) Short title. The short title of this subsection (4.5) is "Riley's Law".
(f) The provisions of subsections (4.5)(a) and (4.5)(c) of this section, as amended by Senate Bill 23-075, enacted in 2023, and the provisions of subsection (4.5)(a.5) of this section, as added by Senate Bill 23-075, enacted in 2023, apply to records pertaining to offenses committed on or after January 1, 2024. For records pertaining to offenses committed prior to January 1, 2024, this subsection (4.5) as it existed prior to January 1, 2024, applies.
(5) Nothing in this section shall be construed to limit the discretion of the district attorney to authorize a crime victim, as defined in section 24-4.1-302 (5), or a member of the victim's immediate family, as defined in section 24-4.1-302 (6), to view all or a portion of the presentence report of the probation department.
C.R.S. § 24-72-305 Allowance or denial of inspection - grounds - procedure - appeal
24-72-305. Allowance or denial of inspection - grounds - procedure - appeal. (1) The custodian of criminal justice records may allow any person to inspect such records or any portion thereof except on the basis of any one of the following grounds or as provided in subsection (5) of this section:
(a) Such inspection would be contrary to any state statute;
(b) Such inspection is prohibited by rules promulgated by the supreme court or by the order of any court.
(1.5) On the ground that disclosure would be contrary to the public interest, the custodian of criminal justice records shall deny access to the results of chemical biological substance testing to determine the genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, C.R.S.
(2) to (4) Repealed.
(5) On the ground that disclosure would be contrary to the public interest, and unless otherwise provided by law, including as required by section 24-72-303 (4), the custodian may deny access to records of investigations conducted by or of intelligence information or security procedures of any sheriff, district attorney, or police department or any criminal justice investigatory files compiled for any other law enforcement purpose.
(6) If the custodian denies access to any criminal justice record, the applicant may request a written statement of the grounds for the denial, which statement shall be provided to the applicant within seventy-two hours, shall cite the law or regulation under which access is denied or the general nature of the public interest to be protected by the denial, and shall be furnished forthwith to the applicant.
(7) Any person denied access to inspect any criminal justice record covered by this part 3 may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why said custodian should not permit the inspection of such record. A hearing on such application shall be held at the earliest practical time. Unless the court finds that the denial of inspection was proper, it shall order the custodian to permit such inspection and, upon a finding that the denial was arbitrary or capricious, it may order the custodian to pay the applicant's court costs and attorney fees in an amount to be determined by the court. Upon a finding that the denial of inspection of a record of an official action was arbitrary or capricious, the court may also order the custodian personally to pay to the applicant a penalty in an amount not to exceed twenty-five dollars for each day that access was improperly denied.
(8) The allowance or denial of the right to inspect criminal justice records that contain specialized details of security arrangements or investigations shall be governed by section 24-72-204 (2)(a)(VIII).
C.R.S. § 24-72-305.3 Private access to criminal history records of volunteers and employees of charitable organizations
24-72-305.3. Private access to criminal history records of volunteers and employees of charitable organizations.
(1) (Deleted by amendment, L. 2001, p. 1233, § 1, effective June 5, 2001.)
(2) (a) As used in this subsection (2):
(I) "Authorized agency" means a division or office of a state designated by a state to report, receive, or disseminate information under the "Volunteers for Children Act", contained in Public Law 105-251, as amended.
(II) "Bureau" means the Colorado bureau of investigation created in section 24-33.5-401.
(III) "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
(IV) "Convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.
(V) (Deleted by amendment, L. 2001, p. 1233, § 1, effective June 5, 2001.)
(V.2) "The elderly" means persons sixty years of age or older receiving care.
(V.5) "Individuals with disabilities" means persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.
(VI) "Provider" shall have the same meaning as set forth in 42 U.S.C. sec. 5119c and includes an owner of, an employee of, an applicant seeking employment with, or a volunteer with a qualified entity.
(VII) "Qualified entity" means a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
(b) For the purpose of implementing the provisions of the "Volunteers for Children Act", contained in Public Law 105-251, as amended, on and after July 1, 2000, each qualified entity in the state may contact an authorized agency for the purpose of determining whether a provider has been convicted of, or is under pending indictment for, a crime that bears upon the provider's fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. Such crimes shall include, but need not be limited to:
(I) Felony child abuse, as specified in section 18-6-401, C.R.S.;
(II) A crime of violence, as defined in section 18-1.3-406, C.R.S.;
(III) Any felony offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;
(IV) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(V) Any felony offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subparagraphs (I) to (IV) of this paragraph (b).
16-22-102 (9), C.R.S.;
(IV) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(V) Any felony offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subparagraphs (I) to (IV) of this paragraph (b).
(c) (I) For purposes of this subsection (2), the bureau shall be designated an authorized agency. The executive director of the department of public safety shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the director of the department of public safety may promulgate all reasonable and necessary rules to implement this subsection (2).
(II) For purposes of this subsection (2):
(A) The department of human services, created in section 24-1-120, may serve as an authorized agency for those qualified entities that are regulated by the said department. The state board of human services shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of human services may promulgate all reasonable and necessary rules to implement this subsection (2).
(B) The department of public health and environment, created in section 24-1-119, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of health shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of health may promulgate all reasonable and necessary rules to implement this subsection (2).
(C) The department of education, created in section 24-1-115, may serve as an authorized agency for those qualified entities that are regulated by said department. The state board of education shall identify by rule, consistent with applicable federal and state law, those entities that may serve as qualified entities. In addition, the state board of education may promulgate all reasonable and necessary rules to implement this subsection (2).
(d) Any authorized agency reporting, receiving, or disseminating criminal history record information pursuant to this subsection (2) shall request such information only through the bureau. The bureau, in responding to such request, shall access records that are maintained by or within this state and any other state or territory of the United States, any other nation, or any agency or subdivision of the United States including, but not limited to, the federal bureau of investigation in the United States department of justice.
C.R.S. § 24-72-305.4 Governmental access to criminal history records of applicants in regulated professions or occupations
24-72-305.4. Governmental access to criminal history records of applicants in regulated professions or occupations. (1) Any division, board, commission, or person responsible for the licensing, certification, or registration functions for any governmental entity, in addition to any other authority conferred by law, may use fingerprints to access, for comparison purposes, arrest history records of:
(a) Any applicant for licensure, registration, or certification to practice a profession or occupation;
(b) Any licensee, registrant, or person certified to practice a profession or occupation;
(c) Any prospective employee or any employee of a licensee, registrant, or person certified to practice an occupation or profession.
(2) The persons or entities authorized to access arrest history records pursuant to subsection (1) of this section may access records that are maintained by or within this state through the Colorado bureau of investigation.
(3) For the purposes of this section, "governmental entity" means the state and any of its political subdivisions, including entities governed by home rule charters, and any agency or institution of the state or any of its political subdivisions.
C.R.S. § 24-72-305.5 Access to records - denial by custodian - use of records to obtain information for solicitation - definitions
24-72-305.5. Access to records - denial by custodian - use of records to obtain information for solicitation - definitions. (1) Records of official actions and criminal justice records and the names, addresses, telephone numbers, and other information in such records shall not be used by any person for the purpose of soliciting business for pecuniary gain. The official custodian shall deny any person access to records of official actions and criminal justice records unless such person signs a statement which affirms that such records shall not be used for the direct solicitation of business for pecuniary gain.
(2) (a) It is unlawful for a person to obtain a copy of a booking photograph in any format knowing:
(I) The booking photograph will be placed in a publication or posted to a website; and
(II) Removal of the booking photograph from the publication or website requires the payment of a fee or other exchange for pecuniary gain.
(b) A person who requests a copy of one or more booking photographs from an official custodian shall, at the time of making the request, submit the statement required by subsection (1) of this section; except that a custodian may allow a person who anticipates making multiple requests for booking photographs to submit the required statement once for all booking photographs requested during a specified period of time not to exceed one year. By signing the statement, the person is affirming that any booking photograph obtained from the custodian will not be placed in a publication or posted to a website that requires the payment of a fee or other exchange for pecuniary gain in order to remove or delete the booking photograph from the publication or website.
(c) Notwithstanding the provisions of section 24-72-309, a person who violates a provision of paragraph (a) of this subsection (2) or who submits a false statement pursuant to paragraph (b) of this subsection (2) commits an unclassified misdemeanor and shall be punished by a fine of up to one thousand dollars.
(d) As used in this subsection (2), unless the context otherwise requires, "booking photograph" means a photograph or other image of a person taken by a criminal justice agency at the time that a person is arrested or detained by a criminal justice agency and prior to conviction.
C.R.S. § 24-72-305.6 County clerk and recorder access to criminal history records of election judges and employees - rules
24-72-305.6. County clerk and recorder access to criminal history records of election judges and employees - rules. (1) A county clerk and recorder shall request the criminal history records from the public website maintained by the Colorado bureau of investigation for all full-time, part-time, permanent, and contract employees of the county who staff a counting center and who have any access to electromechanical voting systems or electronic vote tabulating equipment. The county clerk and recorder shall request the records not less than once each calendar year prior to the first election of the year.
(2) A county clerk and recorder may request, in his or her discretion, the criminal history records from the public website maintained by the Colorado bureau of investigation for an election judge serving in the county. The secretary of state may, by rule promulgated in accordance with article 4 of this title, require that certain duties may be performed only by those election judges for whom a county clerk and recorder has requested criminal history records pursuant to this subsection (2). Such duties may include accessing the statewide voter registration system established pursuant to section 1-2-301, C.R.S.
(3) A county clerk and recorder authorized to access criminal history records pursuant to this section may access records that are maintained by or within this state directly through the public website maintained by the Colorado bureau of investigation. A county clerk and recorder that does not have access or authorization to use a credit card for conducting business on behalf of the county in which the clerk and recorder serves may request that the county sheriff for the county access the criminal records from the public website maintained by the Colorado bureau of investigation. Criminal records shall not be accessed pursuant to this section directly from the Colorado criminal justice computer system or the national criminal justice computer system.
C.R.S. § 24-72-306 Copies, printouts, or photographs of criminal justice records - fees authorized
24-72-306. Copies, printouts, or photographs of criminal justice records - fees authorized. (1) Criminal justice agencies may assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and redaction of criminal justice records requested pursuant to this part 3 and may waive fees at their discretion. In addition, criminal justice agencies may charge a fee not to exceed twenty-five cents per standard page for a copy of a criminal justice record or a fee not to exceed the actual cost of providing a copy, printout, or photograph of a criminal justice record in a format other than a standard page. Where fees for certified copies or other copies, printouts, or photographs of criminal justice records are specifically prescribed by law, such specific fees shall apply. Where the criminal justice agency is an agency or department of any county or municipality, the amount of such fees shall be established by the governing body of the county or municipality in accordance with this subsection (1).
(2) If the custodian does not have facilities for making copies, printouts, or photographs of records which the applicant has the right to inspect, the applicant shall be granted access to the records for the purpose of making copies, printouts, or photographs. The copies, printouts, or photographs shall be made while the records are in the possession, custody, and control of the custodian thereof and shall be subject to the supervision of such custodian. When practical, they shall be made in the place where the records are kept, but, if it is impractical to do so, the custodian may allow other arrangements to be made for this purpose. If other facilities are necessary, the cost of providing them shall be paid by the person desiring a copy, printout, or photograph of the records. The official custodian may establish a reasonable schedule of times for making copies, printouts, or photographs and may charge the same fee for the services rendered by him or his deputy in supervising the copying, printing out, or photographing as he may charge for furnishing copies under subsection (1) of this section.
(3) The provisions of this section shall not apply to discovery materials that a criminal justice agency is required to provide in a criminal case pursuant to rule 16 of the Colorado rules of criminal procedure.
C.R.S. § 24-72-307 Challenge to accuracy and completeness - appeals
24-72-307. Challenge to accuracy and completeness - appeals. (1) Any person in interest who is provided access to any criminal justice records pursuant to this part 3 shall have the right to challenge the accuracy and completeness of records to which he has been given access, insofar as they pertain to him, and to request that said records be corrected.
(2) If the custodian refuses to make the requested correction, the person in interest may request a written statement of the grounds for the refusal, which statement shall be furnished forthwith.
(3) In the event that the custodian requires additional time to evaluate the merit of the request for correction, he shall so notify the applicant in writing forthwith. The custodian shall then have thirty days from the date of his receipt of the request for correction to evaluate the request and to make a determination of whether to grant or refuse the request, in whole or in part, which determination shall be forthwith communicated to the applicant in writing.
(4) Any person in interest whose request for correction of records is refused may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why he should not permit the correction of such record. A hearing on such application shall be held at the earliest practical time. Unless the court finds that the refusal of correction was proper, it shall order the custodian to make such correction, and, upon a finding that the refusal was arbitrary or capricious, it may order the criminal justice agency for which the custodian was acting to pay the applicant's court costs and attorney fees in an amount to be determined by the court.
C.R.S. § 24-72-308 Sealing of arrest and criminal records other than convictions
24-72-308. Sealing of arrest and criminal records other than convictions. (Repealed)
C.R.S. § 24-72-308.5 Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2008, and prior to July 1, 2011
24-72-308.5. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2008, and prior to July 1, 2011. (Repealed)
C.R.S. § 24-72-308.6 Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011
24-72-308.6. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011. (Repealed)
C.R.S. § 24-72-308.7 Sealing of criminal conviction records information for offenses committed by victims of human trafficking
24-72-308.7. Sealing of criminal conviction records information for offenses committed by victims of human trafficking. (Repealed)
C.R.S. § 24-72-308.8 Sealing of criminal conviction records information for offenses involving theft of public transportation services
24-72-308.8. Sealing of criminal conviction records information for offenses involving theft of public transportation services. (Repealed)
C.R.S. § 24-72-308.9 Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions
24-72-308.9. Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions. (Repealed)
C.R.S. § 24-72-309 Violation - penalty
24-72-309. Violation - penalty. Any person who willfully and knowingly violates the provisions of this part 3 commits a petty offense.
C.R.S. § 24-72-401 Commission on judicial discipline - confidentiality of records and procedures
24-72-401. Commission on judicial discipline - confidentiality of records and procedures. (Repealed)
C.R.S. § 24-72-402 Violation - penalty
24-72-402. Violation - penalty. (Repealed)
C.R.S. § 24-72-501 Definitions
24-72-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Governmental entity" means the state and any state department, agency, or institution of the state.
(2) "Personally identifiable information" means information about an individual collected by a governmental entity that could reasonably be used to identify such individual, including, but not limited to, first and last name, residence or other physical address, electronic mail address, telephone number, birth date, credit card information, and social security number. Notwithstanding any provision to the contrary, "personally identifiable information" shall not include information collected in furtherance of any regulatory, investigative, or criminal justice purpose, information collected in furtherance of litigation in which the state is a party, or information that is required to be collected pursuant to any state or federal statute or regulation.
C.R.S. § 24-72-502 Creation of a privacy policy for governmental entities
24-72-502. Creation of a privacy policy for governmental entities. (1) Each governmental entity of the state shall create a privacy policy for the purpose of standardizing within such governmental entity the collection, storage, transfer, and use of personally identifiable information by such governmental entity. The policy of each governmental entity shall address, but shall not be limited to, the following:
(a) A general statement declaring support for the protection of individual privacy;
(b) A provision for the minimization of the collection of personally identifiable information to the least amount of information required to complete a particular transaction;
(c) Clear notice of the applicability of the "Colorado Open Records Act" pursuant to part 2 of this article;
(d) A method for feedback from the public on compliance with the privacy policy; and
(e) A statement that the policy extends to the collection of all personally identifiable information, regardless of the source or medium.
(2) (a) Any governmental entity that operates a world wide website as of August 7, 2002, shall establish and publish on its website a privacy policy pursuant to this part 5 no later than July 1, 2003.
(b) Any governmental entity that does not operate a world wide website as of August 7, 2002, and begins operation of a website before July 1, 2003, shall establish and publish on its website a privacy policy pursuant to this part 5 by July 1, 2003.
(c) In no event shall a governmental entity be permitted to operate a world wide website after July 1, 2003, without first establishing a privacy policy pursuant to this part 5. The privacy policy shall be published on such governmental entity's website as of the first day of operation of such website.
(3) Nothing in this section shall be construed to create a private cause of action based on alleged violations of this section.
C.R.S. § 24-72-601 Definitions
24-72-601. Definitions. As used in this part 6, unless the context otherwise requires:
(1) "Department" means the department of revenue.
(2) "Medical information" means any information contained in the medical record or any information pertaining to the medical, mental health, or health-care services performed at the direction of a physician or other licensed health-care provider that is protected by the physician-patient privilege established by section 13-90-107 (1)(d), C.R.S.
(3) (a) "Medical record" means the written or graphic documentation, sound recording, or computer record pertaining to medical, mental health, and health-care services, including medical marijuana services, performed at the direction of a physician or other licensed health-care provider on behalf of a patient by a physician, dentist, nurse, service provider, emergency medical service provider, mental health professional, prehospital provider, or other health-care personnel.
(b) "Medical record" includes diagnostic documentation such as X rays, electrocardiograms, electroencephalograms, and other test results and data entered into the prescription drug monitoring program under section 12-280-403.
(4) "Personal medical information or medical record" means an individual's medical information or a medical record:
(a) That identifies the individual; or
(b) With respect to which there is a reasonable basis to believe the information can be used to identify the individual.
C.R.S. § 24-72-602 Access to personal medical information prohibited - exceptions
24-72-602. Access to personal medical information prohibited - exceptions. (1) The department shall neither access nor distribute an individual's personal medical information or medical record without the individual's consent concurrent with a request for access.
(2) When the department requests access to the personal medical information or medical record of an employee of the department in connection with one of the following employment-related requests, occurrences, or claims, the employee's consent applies throughout the duration of the employment-related request, occurrence, or claim for which the access to the employee's personal medical information or medical record is requested:
(a) Family medical leave;
(b) A request for a workplace accommodation under the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;
(c) A request for short- or long-term disability benefits;
(d) Determining fitness to return to work after a lengthy absence;
(e) Physician verification of an absence exceeding three days;
(f) A request by a job applicant for an accommodation through the application process;
(g) A workers' compensation claim; or
(h) Disability retirement.
(3) This section does not:
(a) Prohibit the department from accessing an invoice, a sales receipt, or other documentation of a sale necessary to substantiate an exemption from state sales tax under section 39-26-717 as long as:
(I) No personal medical information or medical record is contained in the documentation; and
(II) Any information in the documentation that identifies or could be used to identify an individual patient or that indicates a patient diagnosis or treatment plan has been redacted from the documentation;
(b) Override the authority of the department to obtain and use a written medical opinion in accordance with section 42-2-112; or
(c) Apply to a request by the department for information in accordance with section 39-22-540 (6).
C.R.S. § 24-72-603 Government access to personal medical information task force - creation - membership - duties - report - repeal
24-72-603. Government access to personal medical information task force - creation - membership - duties - report - repeal. (Repealed)
C.R.S. § 24-72-701 Definitions
24-72-701. Definitions. As used in this part 7, unless the context otherwise requires:
(1) "Arrest and criminal records information" has the same meaning as in section 24-72-302.
(2) "Basic identification information" has the same meaning as in section 24-72-302.
(2.5) "Conviction" means a criminal judgment of conviction and does not include infractions that constitute civil matters.
(3) "Conviction records" means arrest and criminal records information and any records pertaining to a judgment of conviction.
(4) "Criminal justice agencies" has the same meaning as in section 24-72-302.
(4.5) "Criminal justice records" means all books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency or other entity, public or private, in the state for use in the exercise of functions required or authorized by law or administrative rule, including the results of chemical biological substance testing to determine genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104.
(5) "Custodian" has the same meaning as in section 24-72-302.
(5.5) "Disposition" has the same meaning as set forth in section 24-72-302.
(6) "Official actions" has the same meaning as in section 24-72-302.
(7) "Person in interest" has the same meaning as in section 24-72-302.
(8) "Private custodian" has the same meaning as in section 24-72-302.
(9) "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as the crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative.
C.R.S. § 24-72-702 Expungement of arrest records in case of mistaken identity - definitions
24-72-702. Expungement of arrest records in case of mistaken identity - definitions. (1) (a) Notwithstanding any other provision of law, a court shall expunge the arrest and criminal records information of a person who was arrested as a result of mistaken identity and who did not have charges filed against him or her.
(b) [Editor's note: This version of subsection (1)(b) is effective until July 1, 2025.] No later than ninety days after an investigation by a law enforcement agency finds that a person was arrested as a result of mistaken identity and no charges were filed, the law enforcement agency that made the arrest shall petition the district court in the judicial district where the person was arrested for an expungement order for the arrest and criminal records information made as a result of the mistaken identity, at no cost to the person arrested. A petition filed pursuant to this subsection (1)(b) is not subject to a filing fee.
(b) [Editor's note: This version of subsection (1)(b) is effective July 1, 2025.] No later than ninety days after an investigation by a law enforcement agency finds that a person was arrested as a result of mistaken identity and no charges were filed, the law enforcement agency that made the arrest shall petition the district court in the judicial district where the person was arrested for an expungement order for the arrest and criminal records information made as a result of the mistaken identity, at no cost to the person arrested. If the arresting agency fails to submit a petition within the prescribed timeframe pursuant to this section, a defendant may petition the district court in the judicial district where the person was arrested for an expungement order for the arrest and criminal records created as a result of the mistaken identity. A petition filed pursuant to this subsection (1)(b) is not subject to a filing fee, and an eligible defendant filing for expungement pursuant to this section must not be charged any other fees or costs associated with expunging the record.
(c) No later than ninety days after receiving the petition, the court shall order the expungement of the arrest and criminal records information and all other administrative records of the law enforcement agency relating to the person's arrest as a result of mistaken identity.
(2) The courts shall direct any order entered pursuant to subsection (1)(c) of this section to every custodian who may have custody of any part of the arrest and criminal records information that is the subject of the order. When a court enters an order expunging criminal records pursuant to subsection (1)(c) of this section, the petitioner shall provide the Colorado bureau of investigation and every custodian of such records with a copy of the order. The petitioner shall provide a private custodian with a copy of the order and send the private custodian an electronic notification of the order. Each private custodian that receives a copy of the order from the petitioner shall remove the records that are subject to the order from its database. Thereafter, the court may issue an order sealing the civil case in which the records were sealed.
(3) Upon the entry of an order to expunge the records, the petitioner and all criminal justice agencies may properly reply, upon any inquiry into the matter, that no such records exist with respect to the person.
the petitioner shall remove the records that are subject to the order from its database. Thereafter, the court may issue an order sealing the civil case in which the records were sealed.
(3) Upon the entry of an order to expunge the records, the petitioner and all criminal justice agencies may properly reply, upon any inquiry into the matter, that no such records exist with respect to the person.
(4) Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. An applicant need not, in answer to any question concerning arrest and criminal records information that has been expunged, include a reference to or information concerning the expunged information and may state that no such action has ever occurred. Such an application may not be denied solely because of the applicant's refusal to disclose arrest and criminal records information that has been expunged.
(5) For purposes of this section:
(a) "Law enforcement agency" means the Colorado state patrol or the agency of a state or local government authorized to enforce the laws of Colorado.
(b) "Mistaken identity" means the misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the crime, misinformation provided to law enforcement as to the identity of the person who committed the crime, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the crime.
C.R.S. § 24-72-703 Sealing of records - general provisions - order applicability - discovery and advisements
24-72-703. Sealing of records - general provisions - order applicability - discovery and advisements. (1) Applicability. This section applies to the sealing of arrest and criminal justice records pursuant to sections 24-72-704 to 24-72-710. Subsections (2), (4), (5), (6), (7), and (12) of this section apply to the automatic sealing of criminal justice records pursuant to section 13-3-117.
(2) Effect of a sealing order. (a) (I) An order sealing arrest or other criminal records does not deny access to the criminal records of a petitioner or defendant by any court, law enforcement agency, criminal justice agency, prosecuting attorney, party, or governmental agency required by statute or rules or regulations to conduct a criminal history record check on an individual, including for the purpose of a prosecutor complying with prosecutorial duties under rule 16 of the Colorado rules of criminal procedure to disclose criminal justice records in criminal proceedings.
(II) An order sealing conviction records does not vacate a conviction.
(III) A record sealed pursuant to this article 72 and section 13-3-117 may be used by a criminal justice agency, law enforcement agency, court, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case, including any subsequent case that is filed against the petitioner or defendant; for collecting fines, court costs, late fees, or other fees; or for any other lawful purpose within the scope of the agency's, court's, or attorney's duties. A party or agency required by law to conduct a criminal history record check is authorized to use any sealed conviction for the lawful purpose for which the criminal history record check is required by law.
(IV) Criminal justice information and criminal justice records in the possession of a criminal justice agency may be shared with any other criminal justice agency when an inquiry concerning the arrest and criminal justice information or records is made.
(V) If a defendant is convicted of a new criminal offense after an order sealing conviction records is entered, the court shall order the conviction records to be unsealed.
(VI) The sealing of a record pursuant to this article 72 and section 13-3-117 does not preclude a court's jurisdiction over any subsequently filed motion, including a motion to amend the record, a postconviction relief motion or petition, or any other motion concerning a sealed conviction record.
(VII) A defendant whose record has been sealed or expunged may access information contained in the sealed record from the Colorado bureau of investigation without a court order. In response to an inquiry from the defendant, the Colorado bureau of investigation shall reply both pursuant to subsection (2)(b) of this section and with the information and records underlying the sealed record.
(VIII) A prosecuting attorney's access to records pursuant to this subsection (2) does not require a court order.
(IX) [Editor's note: Subsection (2)(a)(IX) is effective July 1, 2025.] A court shall allow a person to access a sealed criminal justice record if the person affirms to the court, in writing or electronically, that:
(A) The person is an attorney, or is acting on behalf of an attorney;
(B) The defendant in the underlying criminal case has given written permission for the person to access the sealed record; and
(C) The person is accessing the record for the sole purpose of providing legal advice to, or evaluating whether to enter an appearance on behalf of, the defendant who gave permission for the person to access the record.
an attorney, or is acting on behalf of an attorney;
(B) The defendant in the underlying criminal case has given written permission for the person to access the sealed record; and
(C) The person is accessing the record for the sole purpose of providing legal advice to, or evaluating whether to enter an appearance on behalf of, the defendant who gave permission for the person to access the record.
(b) Except as otherwise provided in subsection (2)(a)(I) of this section, upon the entry of an order to seal the criminal records, the defendant may properly reply, upon an inquiry into the matter, that public criminal records do not exist with respect to the petitioner or defendant. Upon an inquiry into a sealed record, a criminal justice agency shall reply that a public criminal record does not exist with respect to the defendant who is the subject of the sealed record.
(c) The person who is the subject of the records and the prosecuting attorney may inspect the records included in an order sealing criminal records without a court order and only for the purposes permitted by law.
(d) (I) Except as otherwise provided in subsection (2)(a)(I) of this section, employers, state and local government agencies, officials, landlords, employees, and any other entity shall not require an applicant to disclose any information contained in sealed criminal justice records in any application or interview or in any other way. An applicant does not need to include a reference to or information concerning the sealed records in answer to any question concerning records that have been sealed and may state that the applicant has not been criminally convicted. An application may not be denied solely because of the applicant's refusal to disclose records that have been sealed.
(II) Subsection (2)(d)(I) of this section does not preclude the bar committee of the Colorado state board of law examiners from making further inquiries into the fact of a conviction that comes to the attention of the bar committee through other means. The bar committee of the Colorado state board of law examiners has a right to inquire into the moral and ethical qualifications of an applicant, and the applicant has no right to privacy or privilege that justifies his or her refusal to answer any question concerning arrest and criminal records information that has come to the attention of the bar committee through other means.
(III) Notwithstanding the provisions of subsection (2)(d)(I) of this section, the department of education shall require a licensed educator or an applicant for an educator's license who files a petition to seal a criminal record to notify the department of education of the pending petition to seal. The department of education has the right to inquire into the facts of the criminal offense for which the petition to seal is pending. The educator or applicant has no right to privacy or privilege that justifies his or her refusal to answer any questions of the department of education concerning the arrest and criminal records information contained in the pending petition to seal.
(IV) Sealed court records are open to inspection without court order to any person or agency for research purposes if all of the following conditions are met:
(A) The person or agency conducting the research is employed by the state of Colorado or is under contract with the state of Colorado or other governmental subdivision and is authorized by the state or subdivision to conduct the research;
(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited, that no identifying information is included in documents generated from the research conducted, and that all identifying information is deleted from documents used in the research when the research is completed;
(C) The person or agency only releases any data in aggregate form;
fying information are maintained in secure locations and access to such documents by unauthorized persons is prohibited, that no identifying information is included in documents generated from the research conducted, and that all identifying information is deleted from documents used in the research when the research is completed;
(C) The person or agency only releases any data in aggregate form;
(D) If applicable, when publicly reporting de-identified aggregate information about criminal justice issues, the information would be inaccurate without the inclusion of sealed record information;
(E) If applicable, when the purpose of the research cannot be accomplished without the inclusion of de-identified sealed record information; and
(F) If applicable, when the person or agency conducting the research is also conducting data maintenance or data linkage on behalf of a custodian of criminal justice records and requires access to identified sealed record information.
(3) A person may only file a petition with the court for sealing of each case once every twelve-month period, unless otherwise provided by the court.
(4) Nothing in this part 7 regarding sealing of records authorizes the physical destruction of any conviction records.
(5) (a) Inspection of the court records included in an order sealing criminal records may be permitted by the court only upon petition by the petitioner or the defendant who is the subject of the records or by the prosecuting attorney and only for those purposes named in the petition. This petition to inspect the criminal justice records must be filed by the petitioning party within the case in which the sealing order was entered.
(b) Notwithstanding the provisions of subsections (2)(b) and (2)(c) of this section, the prosecuting attorney or the law enforcement agency may release to the victim in the sealed case copies of police reports or any protection orders issued in the sealed case if the victim demonstrates to the prosecuting attorney or law enforcement agency a need for the reports or court orders for a lawful purpose. The prosecuting attorney, including staff of the prosecuting attorney's office or a victim or witness assistance program, or the staff of a law enforcement agency or law enforcement victim assistance program, may discuss the sealed case, the results of the sealing proceedings, and information related to any victim services available to the victim.
(c) Notwithstanding any other provision of this section, any member of the public may petition the court to unseal any court file of a criminal conviction that has previously been sealed upon a showing that circumstances have come into existence since the original sealing and, as a result, the public interest in disclosure now outweighs the defendant's interest in privacy.
(6) For the purpose of protecting the author of any correspondence that becomes a part of criminal justice records, the court having jurisdiction in the judicial district in which the criminal justice records are located may, in its discretion, with or without a hearing, enter an order to seal any information, including but not limited to basic identification information contained in the correspondence that is part of the record in the criminal case. However, the court may, in its discretion, enter an order that allows the disclosure of sealed information to defense counsel or, if the defendant is not represented by counsel, to the defendant.
(7) Rules of discovery - rules of evidence - witness testimony. Court orders sealing records of official actions pursuant to this part 7 do not limit the operations of:
(a) The rules of discovery or the rules of evidence promulgated by the supreme court of Colorado or any other state or federal court;
mation to defense counsel or, if the defendant is not represented by counsel, to the defendant.
(7) Rules of discovery - rules of evidence - witness testimony. Court orders sealing records of official actions pursuant to this part 7 do not limit the operations of:
(a) The rules of discovery or the rules of evidence promulgated by the supreme court of Colorado or any other state or federal court;
(b) The provisions of section 13-90-101 concerning witness testimony.
(8) Service of sealing order. The court shall direct a sealing order entered pursuant to this part 7 to each custodian who may have custody of any part of the criminal justice records or arrest and criminal records information that are the subject of the order. The court shall direct that the sealing order applies to public and private custodians of the records. Whenever a court enters an order sealing criminal justice records, the court shall provide the Colorado bureau of investigation and each custodian of the records with a copy of the order. The defendant may serve a private or public custodian with a copy of the order. Each private custodian that receives a copy of the order from the defendant shall remove the records that are subject to an order from its database and shall secure and keep confidential any records in the custodian's possession. The defendant shall pay to the bureau any costs related to the sealing of the defendant's criminal justice records in the custody of the bureau, unless the defendant demonstrates that the records should have been automatically sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705. Thereafter, the defendant may request and the court may grant an order sealing the case in which the records were sealed.
(9) Advisements. (a) Whenever a defendant is sentenced following a conviction for an offense described in sections 24-72-706 to 24-72-708, the court shall provide him or her with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section.
(b) In addition to, and not in lieu of, the requirement described in subsection (9)(a) of this section:
(I) If a defendant is sentenced to probation following a conviction for an offense described in sections 24-72-706 to 24-72-708, the probation department, upon the termination of the defendant's probation, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section; or
(II) If a defendant is released on parole following a conviction for an offense described in sections 24-72-706 to 24-72-708, the defendant's parole officer, upon the termination of the defendant's parole, shall provide the defendant with a written advisement of his or her rights concerning the sealing of his or her conviction records pursuant to this section if he or she complies with the applicable provisions of this section.
(10) If the person in interest has successfully completed a veterans treatment program established pursuant to section 13-5-144 in the case that is the subject of the petition to seal, the court shall consider such factor favorably in determining whether to issue an order to seal records pursuant to this section.
(10.5) If the person in interest has entered into or successfully completed a substance use disorder treatment program licensed pursuant to section 27-80-205 in the case that is the subject of the petition to seal, the court shall consider such factor favorably in determining whether to issue an order to seal records pursuant to this section.
(11) A defendant shall not be required to waive his or her right to file a motion to seal pursuant to the provisions of this section as a condition of a plea agreement in any case.
d pursuant to section 27-80-205 in the case that is the subject of the petition to seal, the court shall consider such factor favorably in determining whether to issue an order to seal records pursuant to this section.
(11) A defendant shall not be required to waive his or her right to file a motion to seal pursuant to the provisions of this section as a condition of a plea agreement in any case.
(12) Exclusions. (a) (I) Notwithstanding any provision in this part 7 to the contrary, in regard to any conviction of the defendant resulting from a single case in which the defendant is convicted of more than one offense, records of the conviction may be sealed pursuant to the provisions of this part 7 only if the records of every conviction of the defendant resulting from that case may be sealed pursuant to the provisions of this part 7.
(II) If a criminal case is dismissed or if a criminal offense is not charged due to a plea agreement in a separate case, the records are eligible for sealing at such time as the criminal case in which the conviction was entered is eligible for sealing pursuant to the provisions of this part 7.
(III) [Editor's note: Subsection (12)(a)(III) is effective July 1, 2025.] If a defendant is convicted of an offense in the same case in which the defendant successfully completed a deferred judgment, records of the deferred judgment are eligible for sealing when the criminal case in which the conviction was entered is eligible for sealing pursuant to the provisions of this part 7, unless the deferred judgment is ineligible for sealing pursuant to section 24-72-703 (12)(d).
(b) Neither the court nor the state court administrator's office shall factor in or take into consideration any unpaid fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the motion to seal when the court is determining whether the record should be sealed.
(c) Sealing is not available for cases when the only charges were as follows:
(I) A class 1 or 2 misdemeanor traffic offense; or
(II) A class A or B traffic offense.
(d) Sealing is not available for:
(I) [Editor's note: This version of subsection (12)(d)(I) is effective until July 1, 2025.] Records pertaining to a deferred judgment and sentence concerning the holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402; and
(I) [Editor's note: This version of subsection (12)(d)(I) is effective July 1, 2025.] Records pertaining to a deferred judgment and sentence concerning traffic control laws related to the holder of a commercial driver's license as defined in section 42-2-402 or the operator of a commercial motor vehicle as defined in section 42-2-402; and
(II) Records pertaining to a deferred judgment and sentence for a felony offense for the factual basis involved in unlawful sexual behavior as defined in section 16-22-102 (9).
(13) Remote participation. [Editor's note: Subsection (13) is effective July 1, 2025.] For any motion filed to seal criminal justice records:
(a) The court shall allow the defendant, the prosecution, the named victim, and any witness to appear in person or remotely by phone or video on a platform designated by the court at any hearing or other court proceeding. Either party, the named victim, and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party, named victim, or witness contacts the court within forty-eight hours before the scheduled appearance, the court has discretion whether to approve the party's or witness's requested change in participation.
g or other court proceeding. Either party, the named victim, and any witness may elect to change how the party or witness intends to participate by contacting the court; except that, if a party, named victim, or witness contacts the court within forty-eight hours before the scheduled appearance, the court has discretion whether to approve the party's or witness's requested change in participation.
(b) The court shall comply with any federal or state law or regulation, including any supreme court directive or policy, regarding the provision of accommodations for people with a disability or for people with limited English proficiency during any proceeding, regardless of whether the proceeding is conducted in person or remotely by phone or video on a platform designated by the court.
(c) In the event a party is disconnected or there is a technology failure, the court shall make all reasonable efforts to contact the party and shall allow the party reasonable time to reestablish connection with the court. If the party is unable to reestablish connection, the court shall reschedule the hearing, to be held in person or remotely by phone or video on a platform designated by the court, for the first available date after the date of the originally scheduled hearing, but no later than one week after the originally scheduled hearing, to the extent practicable.
C.R.S. § 24-72-704 Sealing of arrest records when no charges filed - automatic sealing
24-72-704. Sealing of arrest records when no charges filed - automatic sealing. (1) (a) Any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to the person in interest is located for the sealing of all of the records, except basic identification information, if the records are a record of official actions involving a criminal offense for which the person in interest:
(I) Completed a diversion agreement pursuant to section 18-1.3-101 and no criminal charges were ever filed;
(II) Was not charged and the statute of limitations for the offense for which the person was arrested that has the longest statute of limitations has run; or
(III) Was not charged and the statute of limitations has not run but the person is no longer being investigated by law enforcement for commission of the offense.
(b) Any petition to seal criminal records shall include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed.
(c) (I) Upon the filing of a petition, the court shall review the petition and determine whether the petition is sufficient on its face. If the court determines that the petition on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the petition, the petitioner is not entitled to relief pursuant to this section, the court shall enter an order denying the petition and mail a copy of the order to the petitioner or, as permitted, serve the order pursuant to Colorado supreme court rules. The court's order must specify the reasons for the denial of the petition.
(II) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition pursuant to this section, the court shall set a date for a hearing at least thirty-five days after the determination and notify the prosecuting attorney, the arresting agency, and any other person or agency identified by the petitioner of the hearing date. If no objection is received by the court seven days prior to the hearing date, the court shall vacate the hearing and order such records, except for basic identification information, to be sealed. If an objection is filed and the court determines at a hearing or otherwise that the objection provides facts that make the petitioner ineligible for sealing of the arrest records, the court shall deny the petition and provide a copy of the order to the petitioner. The court's order must specify the reasons for the denial of the petition. If the objection does not provide facts that make the petitioner ineligible for sealing of the arrest records, the court shall order such records, except basic identification information, to be sealed.
(d) The person who is the subject of the records and the prosecuting attorney may inspect the records included in an order sealing criminal records without a court order and only for the purposes permitted by law.
(1.5) [Editor's note: Subsection (1.5) is effective July 1, 2025.]
(a) On its own motion, the court shall order the defendant's criminal justice records sealed when the district attorney notifies the court that a person in interest meets one of the conditions of subsection (1) of this section to facilitate sealing of the records held by the court.
(b) The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1.5) at the time of notice and shall serve the sealing order pursuant to section 24-72-703 (8) no later than twenty-eight days after the date of sealing.
acilitate sealing of the records held by the court.
(b) The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1.5) at the time of notice and shall serve the sealing order pursuant to section 24-72-703 (8) no later than twenty-eight days after the date of sealing.
(c) If the automatic sealing of a criminal record does not occur, the defendant may file a motion to seal the criminal case at any time subsequent to the district attorney's notice through the filing of a written motion pursuant to subsection (1) of this section. The court shall not charge or assess the defendant any fees or costs associated with filing a motion pursuant to this subsection (1.5)(c).
(d) This section does not apply to records that are subject to the procedure set forth in section 18-13-122 (13).
(2) (a) For arrests on or after January 1, 2022, the Colorado bureau of investigation in the department of public safety shall automatically seal an arrest record that is in its custody and control of a person when no criminal charges have been filed within one year of the date of the person's arrest. If the Colorado bureau of investigation does not receive documentation of the filing of criminal charges matching arrest records in its custody and control from a court or another state or local agency or office within one year of the date of arrest, the bureau shall seal the arrest records. The Colorado bureau of investigation is not required to conduct any independent investigation of whether criminal charges have been filed and is not required to seal any arrest records not in its custody and control. An arrest record eligible for sealing pursuant to this subsection (2)(a) must be sealed within sixty days after the year has passed since the person's arrest date. If the Colorado bureau of investigation receives notice of filed charges after it sealed the record, the bureau shall immediately unseal the record.
(b) (I) For arrests without a conviction after January 1, 2019, but before January 1, 2022, the Colorado bureau of investigation shall automatically seal an arrest record that is in its custody and control of a person when no criminal charges have been filed:
(A) Within three years after the date of arrest for a felony offense for which the statute of limitations is three years; or
(B) Within eighteen months after the date of arrest for a misdemeanor offense, a misdemeanor traffic offense, a civil infraction, a petty offense, a municipal ordinance violation for which the statute of limitations is eighteen months or less, or if there is no indication of the classification of the crime in the arrest data.
(II) If the Colorado bureau of investigation does not receive documentation from a court or another state or local agency or office that criminal charges have been filed within the time periods provided in subsection (2)(b)(I) of this section, the bureau shall seal the arrest records in its custody and control. The Colorado bureau of investigation is not required to conduct any independent investigation of whether criminal charges have been filed and is not required to seal any arrest records not in its custody and control. If the Colorado bureau of investigation receives notice of filed charges after it sealed the record, the bureau shall immediately unseal the record.
(III) This subsection (2)(b) only applies to criminal arrest records that the Colorado bureau of investigation has custody and control over in an electronic format.
(IV) (A) For arrest records with no conviction that are from 2013 to 2018, the Colorado bureau of investigation shall seal the records by January 1, 2023.
(B) For arrest records with no conviction that are from 2008 to 2012, the Colorado bureau of investigation shall seal the records by January 1, 2024.
at the Colorado bureau of investigation has custody and control over in an electronic format.
(IV) (A) For arrest records with no conviction that are from 2013 to 2018, the Colorado bureau of investigation shall seal the records by January 1, 2023.
(B) For arrest records with no conviction that are from 2008 to 2012, the Colorado bureau of investigation shall seal the records by January 1, 2024.
(C) For arrest records with no conviction that are from 2003 to 2007, the Colorado bureau of investigation shall seal the records by January 1, 2025.
(D) For arrest records with no conviction that are from 1997 to 2002, the Colorado bureau of investigation shall seal the records by January 1, 2026.
(E) For any other arrest records with no conviction, the Colorado bureau of investigation shall seal the records by January 1, 2027.
(V) Arrest records for a felony offense with a statute of limitations of more than three years or with no statute of limitations pursuant to section 16-5-401 are not eligible for sealing under this subsection (2).
(3) Notwithstanding subsection (2) of this section, the Colorado bureau of investigation shall develop a process to allow an approved treatment provider providing treatment pursuant to section 16-11.7-103 (4) or 16-11.8-103 (4) access to sealed arrest records. A treatment provider shall not use records accessed pursuant to this subsection (3) for any other purpose.
(4) The provisions of section 24-72-703 (2) apply to an arrest record sealed pursuant to this section.
(5) Sealing of arrest records under this section does not impair the ability of the department of education to access and use sealed records in connection with background checks, investigations, and disciplinary actions conducted under article 60.5 of title 22.
(6) (a) Beginning November 1, 2023, and annually thereafter, the Colorado bureau of investigation shall report the number of arrest records sealed to the judiciary committees of the senate and the house of representatives, or their successor committees, by judicial district and, to the extent possible, with data disaggregated by race and sex and by offense level.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (6) continues indefinitely.
C.R.S. § 24-72-705 Sealing criminal justice records other than convictions - simplified process - applicability
24-72-705. Sealing criminal justice records other than convictions - simplified process - applicability. (1) (a) On its own motion, the court shall order the defendant's criminal justice records sealed when:
(I) A case against a defendant is completely dismissed;
(II) The defendant is acquitted of all counts in the case;
(III) The defendant completes a diversion agreement pursuant to section 18-1.3-101 when a criminal case has been filed; or
(IV) The defendant completes a deferred judgment and sentence pursuant to section 18-1.3-102 and all counts are dismissed.
(a.5) The court shall not require a written motion or any other written pleadings for sealing pursuant to this section. The court shall enter an order sealing records pursuant to this subsection (1) at the time of disposition and shall serve the sealing order pursuant to section 24-72-703(8) no later than twenty-eight days after the date of disposition.
(b) If the court did not order the record sealing at the time of the dismissal or acquittal, the Colorado bureau of investigation shall automatically seal the record upon receipt of disposition in the case, unless the deferred judgment is ineligible for sealing pursuant to section 24-72-703 (12)(d).
(c) Motions filed pursuant to this section are procedural in nature, and sealing pursuant to this section applies retroactively for all eligible cases when the case has been completely dismissed or the defendant has been acquitted of all counts in a state or municipal criminal case.
(d) [Editor's note: This version of subsection (1)(d) is effective until July 1, 2025.] Notwithstanding the provision of subsection (1)(c) of this section, if the defendant is acquitted or if the case dismissed is a crime enumerated in section 24-4.1-302 (1) in which notice of a hearing on a motion to seal is required pursuant to section 24-4.1-303 (11)(b.7), the court shall allow the district attorney the opportunity to inform the victim that the record will be sealed and shall set a return date for the sealing motion no later than forty-two days after receipt of the motion.
(d) [Editor's note: This version of subsection (1)(d) is effective July 1, 2025.] Notwithstanding subsection (1)(c) of this section, if the defendant is acquitted or if the case dismissed is a crime enumerated in section 24-4.1-302 (1), the court shall allow the district attorney the opportunity to inform the victim that the record will be sealed. If there is an objection by the victim, the district attorney shall notify the court and the court shall set a return date for the sealing motion no later than thirty-five days after receipt of the motion. If a return date is set, the defendant is not required to appear. If there is no objection within thirty-five days after the motion is filed, the court shall grant the motion.
(e) The provisions of section 24-72-703 (2)(b) and section 24-72-703 (5) apply to this section.
(f) This section does not apply to records that are subject to the procedure set forth in section 18-13-122 (13).
(g) [Editor's note: Subsection (1)(g) is effective July 1, 2025.] Charges that are dismissed pursuant to section 16-8.5-116 are not eligible for sealing.
(2) If the automatic sealing of a criminal record does not occur, the defendant may make a motion to seal in the criminal case the record at any time subsequent to the dismissal or acquittal through the filing of a written motion. The defendant may make the motion without being charged fees or costs.
(3) [Editor's note: Subsection (3) is effective July 1, 2025.] Notwithstanding the provisions of any section to the contrary, when a defendant has a non-conviction record that is ineligible for sealing because the defendant was convicted of a traffic offense in the same case, the defendant may file a motion to seal the record through the procedures set forth in subsection (2) of this section.
C.R.S. § 24-72-706 Sealing of criminal conviction and criminal justice records - processing fee - repeal
24-72-706. Sealing of criminal conviction and criminal justice records - processing fee - repeal. (1) Sealing of conviction records. (a) Subject to the limitations described in subsection (2) of this section, a defendant may file a motion in the criminal case in the court in which any conviction records pertaining to the defendant are located for the sealing of the conviction records, except basic identification information, if the motion is filed within the time frame described in subsection (1)(b) of this section and proper notice is given to the district attorney.
(b) (I) If the offense is civil infraction, a petty offense, or a drug petty offense, the motion may be filed one year after the later of the date of the final disposition of all proceedings against the defendant or the release of the defendant from supervision concerning a conviction.
(I.5) If the offense is a second or subsequent conviction for a violation of section 18-13-122 (3), the motion may be filed one year after the date of the second or subsequent conviction, and the court shall order that the motion be granted if the defendant has not been convicted of or is not currently charged with any felony, misdemeanor, or petty offense during the period of one year after the date of the defendant's conviction for a violation of section 18-13-122 (3).
(II) If the offense is a class 2 or class 3 misdemeanor, any drug misdemeanor, or a level 4 drug felony for a conviction pursuant to section 18-18-403.5 (2.5), the motion may be filed two years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(III) If the offense is a class 4, class 5, or class 6 felony, a level 3 or level 4 drug felony except a level 4 drug felony for a conviction pursuant to section 18-18-403.5 (2.5), or a class 1 misdemeanor, the motion may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(III.3) Notwithstanding subsection (1)(b)(I) of this section, if the offense is a first conviction for intentional misrepresentation of entitlement to an assistance animal as described in section 18-13-107.3 (1), the defendant may file a motion three years after the conviction and the court shall order the record sealed if the defendant does not have a subsequent conviction for intentional misrepresentation of entitlement to an assistance animal.
(III.5) If the offense is a first conviction for intentional misrepresentation of a service animal, as described in section 18-13-107.7 (1), the defendant may file a motion three years after the conviction, and the court shall order the record sealed if the defendant does not have a subsequent conviction for intentional misrepresentation of a service animal.
(IV) Subject to the limitations in subsection (2) of this section, for all other offenses, the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(c) A motion to seal conviction records pursuant to this section shall include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed. The defendant shall submit a verified copy of the defendant's criminal history, current through at least the twentieth day before the date of the filing of the petition to the court, along with the motion at the time of filing, but in no event later than the tenth day after the motion is filed. The defendant shall pay for his or her criminal history record.
ely identifies the records to be sealed. The defendant shall submit a verified copy of the defendant's criminal history, current through at least the twentieth day before the date of the filing of the petition to the court, along with the motion at the time of filing, but in no event later than the tenth day after the motion is filed. The defendant shall pay for his or her criminal history record.
(d) Upon the filing of any motion pursuant to this section, the court shall initially review the motion and determine whether there are grounds pursuant to this section to proceed to a hearing on the motion. If the court determines that the motion on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the motion, the defendant is not entitled to relief pursuant to this section, the court shall enter an order denying the motion and mail a copy of the order to the defendant. The court's order shall specify the reasons for the denial of the motion. If the court determines that the motion is sufficient on its face and that no other grounds exist at that time for the court to deny the motion pursuant to this section, the court shall proceed pursuant to the provisions of this section.
(e) Conviction records may not be sealed if the defendant still owes restitution, unless the court that entered the order for restitution vacated the order.
(f) (I) If a motion is filed for the sealing of a civil infraction, a petty offense, a petty drug offense, or, notwithstanding any provision of this part 7 to the contrary, an offense for the possession of marijuana, the court shall order that the records be sealed after the motion is filed and the criminal history filed with the court documents to the court that the defendant has not been convicted of an offense since the date of the final disposition of all proceedings against the defendant or since the date of the defendant's release from supervision, whichever is later.
(II) If a motion is filed for the sealing of a class 2 or class 3 misdemeanor or any drug misdemeanor, the defendant shall provide notice of the motion to the district attorney. The district attorney shall determine whether to object to the motion after considering the factors in subsection (1)(g) of this section. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court shall order that the records be sealed if the criminal history filed with the court documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The district attorney shall advise the court of a victim's objection and request for hearing when known. If the district attorney objects to the motion or the offense is a crime enumerated in section 24-4.1-302 (1) and the victim requests a hearing, the court shall set the matter for hearing. The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after considering the factors in subsection (1)(g) of this section.
ired by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after considering the factors in subsection (1)(g) of this section.
(III) If a motion is filed for the sealing of a class 4, class 5, or class 6 felony, a level 3 or level 4 drug felony, or a class 1 misdemeanor, the defendant shall provide notice of the motion to the district attorney. The district attorney shall determine whether to object to the motion after considering the factors in subsection (1)(g) of this section. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may grant the motion with or without the benefit of a hearing. The district attorney shall advise the court of a victim's objection and request for hearing when known. If the district attorney objects to the motion or the offense is a crime enumerated in section 24-4.1-302 (1) and the victim requests a hearing, the court shall set the matter for hearing. The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after considering the position of the district attorney and the factors in subsection (1)(g) of this section.
(IV) If a motion is filed for any other offense, the defendant shall provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the motion after considering the factors in subsection (1)(g) of this section. The court shall set any motion filed for a hearing. The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the motion after consideration of the position of the district attorney and the factors in subsection (1)(g) of this section.
(f.5) (I) Notwithstanding any provision of this part 7 to the contrary, a motion filed for the sealing of conviction records for an offense that was unlawful at the time of conviction, but is no longer unlawful pursuant to section 18-18-434, may be filed at any time. The court shall order the records sealed unless the district attorney objects pursuant to subsection (1)(f.5)(II) of this section.
(II) If a motion is filed for the sealing of an offense described in this subsection (1)(f.5), the defendant shall provide notice of the motion to the district attorney, who may object. The district attorney shall determine whether to object to the motion based on whether the underlying conviction for an offense is no longer unlawful pursuant to section 18-18-434. The district attorney shall determine whether to object and provide notice to the court within forty-two days of receipt of the motion. If the district attorney objects to the motion, the court shall set the matter for hearing and the burden is on the defendant to show by a preponderance of the evidence that the underlying factual basis of the conviction sought to be sealed is no longer unlawful pursuant to section 18-18-434.
(III) (A) A defendant who files a motion pursuant to this subsection (1)(f.5) must not be charged fees or costs.
district attorney objects to the motion, the court shall set the matter for hearing and the burden is on the defendant to show by a preponderance of the evidence that the underlying factual basis of the conviction sought to be sealed is no longer unlawful pursuant to section 18-18-434.
(III) (A) A defendant who files a motion pursuant to this subsection (1)(f.5) must not be charged fees or costs.
(B) Notwithstanding subsection (1)(c) of this section, a defendant who files a motion pursuant to this subsection (1)(f.5) is not required to submit a verified copy of the defendant's criminal history with a filed motion.
(C) Section 24-72-703 (2)(a)(V) does not apply to conviction records sealed pursuant to this subsection (1)(f.5).
(IV) This subsection (1)(f.5) is repealed, effective July 1, 2025.
(g) At any hearing to determine whether records may be sealed, except for basic identification information, the court must determine that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining public access to the conviction records. In making this determination, the court shall, at a minimum, consider the severity of the offense that is the basis of the conviction records sought to be sealed, the criminal history of the defendant, the number of convictions and dates of the convictions for which the defendant is seeking to have the records sealed, and the need for the government agency to retain the records.
(h) A defendant who files a motion to seal criminal justice records pursuant to this section shall pay a processing fee of sixty-five dollars to cover the actual costs related to the sealing of the criminal justice records. The court shall waive the processing fee upon a determination that:
(I) The defendant is indigent;
(II) The defendant's records should have been automatically sealed pursuant to section 13-3-117, 24-72-704, or 24-72-705; or
(III) The defendant filed a motion to seal pursuant to subsection (1)(f.5) of this section.
(i) [Editor's note: This version of subsection (1)(i) is effective until July 1, 2025.] The court shall determine eligibility of a drug offense committed before October 1, 2013, by the classification of the offense at the time of considering the record sealing.
(i) [Editor's note: This version of subsection (1)(i) is effective July 1, 2025.] The court shall determine eligibility of a drug offense committed before October 1, 2013, by the classification of the offense at the time of considering the record sealing, including, but not limited to, section 18-18-106 (8)(a)(II)(B), as it existed prior to July 1, 1992; or section 18-18-406 (8)(a)(II)(B), as it existed prior to August 11, 2010; or section 18-18-406 (6)(a)(II)(B), as it existed prior to October 1, 2013.
eligibility of a drug offense committed before October 1, 2013, by the classification of the offense at the time of considering the record sealing, including, but not limited to, section 18-18-106 (8)(a)(II)(B), as it existed prior to July 1, 1992; or section 18-18-406 (8)(a)(II)(B), as it existed prior to August 11, 2010; or section 18-18-406 (6)(a)(II)(B), as it existed prior to October 1, 2013.
(2) (a) The provisions of this section do not apply to records pertaining to:
(I) A class 1 or class 2 misdemeanor traffic offense;
(II) A class A or class B traffic infraction;
(III) A conviction for a violation of section 42-4-1301 (1) or (2);
(IV) A conviction for an offense for which the underlying factual basis involved unlawful sexual behavior as defined in section 16-22-102 (9);
(V) A conviction for a violation of section 18-6-401; or
(VI) A conviction that is subject to one or more of the following provisions:
(A) Sentences for a crime involving extraordinary aggravating circumstances pursuant to section 18-1.3-401 (8);
(B) A sentence for an extraordinary risk crime pursuant to section 18-1.3-401 (10);
(C) Sentencing for a crime involving a pregnant victim, pursuant to section 18-1.3-401 (13);
(D) Sentencing for a crime pertaining to a special offender pursuant to section 18-18-407;
(E) Sentencing for a criminal conviction for which the underlying factual basis involves domestic violence as defined in section 18-6-800.3;
(F) Sentencing for a criminal conviction for a sexual offense, pursuant to part 4 of article 3 of title 18;
(G) Sentencing for any crime of violence pursuant to section 18-1.3-406;
(H) Sentencing for a felony crime enumerated in section 24-4.1-302 (1);
(I) Sentencing for a felony offense in violation of section 18-9-202;
(J) Sentencing for an offense classified as a class 1, 2, or 3 felony or a level 1 drug felony pursuant to any section of title 18; except a class 3 felony in violation of section 18-18-106 (8)(a)(II)(B) as it existed prior to July 1, 1992; a class 3 felony in violation of section 18-18-406 (8)(a)(II)(B) as it existed prior to August 11, 2010; or a class 3 felony in violation of section 18-18-406 (6)(a)(II)(B) as it existed prior to October 1, 2013;
(K) Sentencing for an offense in violation of part 1 of article 6 of title 18;
(L) Sentencing for an offense in violation of section 18-5-902 (1);
(M) Sentencing for an offense in violation of section 18-3.5-103 (4), (5), (6), (7), (8), and (9); or
(N) Sentencing for an offense in violation of section 18-7-203.
(b) [Editor's note: This version of subsection (2)(b) is effective until July 1, 2025.] Notwithstanding the provisions of this section, a misdemeanor offense ineligible pursuant to the provisions of this section or subsection (2)(a) of this section is eligible for sealing pursuant to this section if the district attorney consents to the sealing or if the court finds, by clear and convincing evidence, that the petitioner's need for sealing of the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect or inform the public.
(b) [Editor's note: This version of subsection (2)(b) is effective July 1, 2025.] Notwithstanding the provisions of this section, a misdemeanor or petty offense ineligible pursuant to this section or subsection (2)(a) of this section is eligible for sealing pursuant to this section if the district attorney consents to the sealing or if the court finds, by clear and convincing evidence, that the petitioner's need for sealing of the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect or inform the public.
pursuant to this section if the district attorney consents to the sealing or if the court finds, by clear and convincing evidence, that the petitioner's need for sealing of the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect or inform the public.
(c) Repealed.
(3) Applicability. Motions filed pursuant to this section are procedural in nature, and sealing pursuant to this section applies retroactively to all eligible cases.
(4) (a) If a court ordered a person's criminal justice records sealed pursuant to this part 7 and the Colorado bureau of investigation has not sealed the person's criminal justice records in its custody on or before the effective date of this subsection (4), the bureau shall waive the record sealing costs assessed by the bureau. If the records are not sealed solely because the person has failed to pay the record sealing costs assessed by the bureau, after waiving the costs, the bureau shall seal the person's records. On or before June 30, 2026, the bureau shall waive the record sealing costs assessed by the bureau and, if applicable, seal a person's records as required by this subsection (4).
(b) As used in this subsection (4), "record sealing costs assessed by the bureau" means the costs assessed to a person by the Colorado bureau of investigation related to sealing the person's criminal justice records that are in the bureau's custody, as was required in subsection (1)(h) of this section as it existed prior to its amendment in 2024 by House Bill 24-1432.
(c) This subsection (4) is repealed, effective June 30, 2027.
C.R.S. § 24-72-707 Sealing of criminal conviction records information for offenses committed by victims of human trafficking
24-72-707. Sealing of criminal conviction records information for offenses committed by victims of human trafficking. (1) Sealing of conviction records. At any time after conviction, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any misdemeanor offense or municipal code or ordinance violation, excluding any offense of a crime as defined in section 24-4.1-302 (1).
(1.5) A person charged with or convicted of prostitution, as described in section 18-7-201, or any corresponding municipal code or ordinance, which offense was committed as a direct result of being a victim of human trafficking, as defined in section 18-7-201.3 (4) , may file a motion with the court for a sealing of the person's records.
(2) A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee.
(3) The court shall order the records sealed after:
(a) The petition is filed; and
(b) The defendant establishes by a preponderance of the evidence that, at the time the defendant committed the offense, the defendant had been trafficked by another person, as described in section 18-3-503 or 18-3-504, for the purpose of performing the offense. Official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim of human trafficking at the time of the offense creates a presumption that the defendant's participation in the offense was the direct result of being a victim of human trafficking.
C.R.S. § 24-72-708 Sealing of criminal conviction records information for municipal offenses for convictions
24-72-708. Sealing of criminal conviction records information for municipal offenses for convictions. (1) Sealing of conviction records. A defendant may file a motion in the criminal case in which any conviction records pertaining to the defendant for a municipal violation are located for the sealing of the conviction records within the time frames described in subsection (3)(a) of this section, except basic identification information, if:
(a) The defendant has not been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the defendant or the date of the defendant's release from supervision, whichever is later; and
(b) The conviction records sought to be sealed are not for a misdemeanor traffic offense committed either by a holder of a commercial learner's permit or a commercial driver's license, as defined in section 42-2-402, or by the operator of a commercial motor vehicle, as defined in section 42-2-402.
(2) Sealing of conviction records with a single subsequent offense. Notwithstanding the provisions of subsection (1)(a) of this section, a defendant may file a motion in the criminal case in which any conviction records pertaining to the defendant for a municipal violation or petty offense are located for the sealing of the conviction records within the time frames described in subsection (3)(b) of this section, except basic identification information, if:
(a) The defendant was convicted of a single offense that was not a felony and did not involve domestic violence as defined in section 18-6-800.3 (1), unlawful sexual behavior as defined in section 16-22-102 (9), or child abuse as defined in section 18-6-401;
(b) The defendant has not been convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the defendant for the subsequent criminal case or since the date of the defendant's release from supervision for the subsequent case, whichever is later; and
(c) The conviction sought to be sealed is not a municipal assault or battery offense in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1), or any other municipal violation in which the underlying factual basis involves domestic violence, as defined in section 18-6-800.3 (1).
(3) Timing for filing motions. (a) A motion filed pursuant to subsection (1) of this section may be filed three years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction.
(b) A motion filed pursuant to subsection (2) of this section may be filed ten years after the date of the final disposition of all criminal proceedings against the defendant for the subsequent criminal case or ten years after the date of the defendant's release from supervision for the subsequent criminal case, whichever is later.
(4) Upon filing the motion, the defendant shall pay the filing fee required by law.
(5) (a) Upon the filing of a motion, the court shall review the motion and determine whether there are grounds pursuant to this section to proceed to a hearing on the petition. If the court determines that the motion on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the motion, the defendant is not entitled to relief pursuant to this section, the court shall enter an order denying the motion and mail a copy of the order to the defendant. The court's order shall specify the reasons for the denial of the motion.
n. If the court determines that the motion on its face is insufficient or if the court determines that, after taking judicial notice of matters outside the motion, the defendant is not entitled to relief pursuant to this section, the court shall enter an order denying the motion and mail a copy of the order to the defendant. The court's order shall specify the reasons for the denial of the motion.
(b) If the court determines that the petition is sufficient on its face and that no other grounds exist at that time for the court to deny the petition pursuant to this section, the court shall grant the motion unless the prosecution files an objection. If the prosecution files a written objection, the court shall set a date within forty-two days after the filing of the motion for a hearing and the court shall notify the prosecution, the municipal police department or local law enforcement agency, and any other person or agency identified by the defendant.
(c) After the hearing described in subsection (5)(b) of this section is conducted and if the court finds that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining public access to the conviction records, the court may order the conviction records, except basic identification information, to be sealed. In making this determination, the court shall consider the factors in section 24-72-706 (1)(g).
(d) Pursuant to section 24-72-703 (12)(b), the court shall not factor in or take into consideration any unpaid fines, court costs, late fees, or other fees ordered by the court in the case that is the subject of the motion to seal when the court is determining whether the record should be sealed. Conviction records may not be sealed if the defendant still owes restitution unless the court that entered the order for restitution vacated the order.
C.R.S. § 24-72-709 Sealing of criminal conviction records information for multiple conviction records
24-72-709. Sealing of criminal conviction records information for multiple conviction records. (1) (a) [Editor's note: This version of subsection (1)(a) is effective until July 1, 2025.] Subject to the provisions of subsection (5) of this section, a defendant with multiple conviction records in the state may petition the court of the jurisdiction where the conviction record or records pertaining to the defendant are located for the sealing of the conviction records, except basic identifying information, if the record or records are not eligible for sealing pursuant to any other section in this part 7 because of an intervening conviction and if the petition is filed within the time frame described in subsection (2) of this section and proper notice is given to the district attorney. If the multiple conviction records are in different jurisdictions, the defendant shall file a petition in each jurisdiction with a conviction record that includes a copy of each petition filed in the other jurisdictions and provide notice of the petition to each district attorney.
(1) (a) [Editor's note: This version of subsection (1)(a) is effective July 1, 2025.] Subject to subsection (5) of this section, a defendant with multiple conviction records in the state may motion the court of the jurisdiction where the conviction record or records pertaining to the defendant are located for the sealing of the conviction records, except basic identifying information, if the record or records are not eligible for sealing pursuant to any other section in this part 7 because of an intervening conviction and if the motion is filed within the time frame described in subsection (2) of this section and proper notice is given to the district attorney. If the multiple conviction records are in different jurisdictions, the defendant shall file a motion in each jurisdiction with a conviction record that includes a copy of each motion filed in the other jurisdictions and provide notice of the motion to each district attorney. If the conviction records are in the same jurisdiction, the defendant may file a motion to seal all conviction records in a single case, and the defendant shall identify the other conviction records by case name and number in the motion.
(b) A motion to seal conviction records pursuant to this section must include a listing of each custodian of the records to whom the sealing order is directed and any information that accurately and completely identifies the records to be sealed. The defendant shall submit a verified copy of their criminal history, current through at least the twentieth day before the date of the filing of the petition to the court, along with the motion at the time of filing, but in no event later than the tenth day after the motion is filed. The defendant shall pay for his or her criminal history record.
(2) (a) If the offense or highest offense of the multiple offenses is an eligible civil infraction and not an offense or civil infraction listed in subsection (5)(a) of this section, eligible petty offense, or eligible petty drug offense, the petition may be filed two years after the later of the date of the final disposition of all proceedings against the defendant or the release of the defendant from supervision concerning the conviction, or the latest in time conviction of the multiple convictions.
(b) If the offense or highest offense of the multiple offenses is an eligible misdemeanor or eligible misdemeanor drug offense, or eligible level 4 drug felony, the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning the conviction, or the latest in time criminal conviction of the multiple convictions.
ltiple offenses is an eligible misdemeanor or eligible misdemeanor drug offense, or eligible level 4 drug felony, the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning the conviction, or the latest in time criminal conviction of the multiple convictions.
(c) If the offense or highest offense of the multiple offenses is an eligible felony or eligible drug felony, the petition may be filed ten years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning the conviction, or the latest in time criminal conviction of the multiple convictions.
(3) (a) If the offense or highest offense of the multiple offenses is an eligible petty offense or eligible petty drug offense, the petition may be filed only if the defendant has no more than five convictions in separate criminal cases.
(b) If the offense or highest offense of the multiple offenses is an eligible class 2 or eligible class 3 misdemeanor or eligible level 1 or eligible level 2 misdemeanor drug offense, the petition may be filed only if the defendant has no more than four previous convictions in separate criminal cases.
(c) If the offense or highest offense of the multiple offenses is an eligible class 1 misdemeanor, an eligible class 4, eligible class 5, or eligible class 6 felony, or an eligible drug felony, the petition may be filed only if the defendant has no more than three previous convictions in separate criminal cases.
(4) (a) The defendant shall pay the processing fee to the court and provide notice of the petition to the district attorney. The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-706 (1)(g). The district attorney shall advise the court of a victim's objection and request for hearing when known. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition or the offense is a crime enumerated in section 24-4.1-302 (1) and the district attorney requests a hearing on behalf of a victim, the court shall set the matter for hearing. To order the record sealed, the criminal history filed with the petition must document to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-706 (1)(g).
the criminal history filed with the petition must document to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant's release from supervision, whichever is later. The court shall decide the petition after considering the factors in section 24-72-706 (1)(g).
(b) Conviction records may not be sealed if the defendant still owes restitution, unless the court that entered the order for restitution has vacated the order.
(5) (a) The provisions of this section do not apply to records pertaining to:
(I) A class 1 or class 2 misdemeanor traffic offense;
(II) A class A or class B traffic infraction;
(III) A conviction for a violation of section 42-4-1301 (1) or (2);
(IV) A conviction for an offense for which the underlying factual basis involved unlawful sexual behavior as defined in section 16-22-102 (9);
(V) A conviction for a violation of section 18-6-401; or
(VI) A conviction that is subject to one or more of the following provisions:
(A) Sentences for a crime involving extraordinary aggravating circumstances pursuant to section 18-1.3-401 (8);
(B) A sentence for an extraordinary risk crime pursuant to section 18-1.3-401 (10);
(C) Sentencing for a crime involving a pregnant victim pursuant to section 18-1.3-401 (13);
(D) Sentencing for a crime pertaining to a special offender pursuant to section 18-18-407;
(E) Sentencing for a criminal conviction for which the underlying factual basis involves domestic violence as defined in section 18-6-800.3;
(F) Sentencing for a criminal conviction for a sexual offense, pursuant to part 4 of article 3 of title 18;
(G) Sentencing for any crime of violence pursuant to section 18-1.3-406;
(H) Sentencing for a felony crime enumerated in section 24-4.1-302 (1);
(I) Sentencing for a felony offense in violation of section 18-9-202;
(J) Sentencing for an offense classified as a class 1, 2, or 3 felony or a level 1 drug felony pursuant to any section of title 18;
(K) Sentencing for an offense in violation of part 1 of article 6 of title 18;
(L) Sentencing for an offense in violation of section 18-5-902 (1);
(M) Sentencing for an offense in violation of section 18-3.5-103; or
(N) Sentencing for an offense in violation of section 18-7-203.
(b) Notwithstanding the provisions of this section, a misdemeanor offense ineligible pursuant to the provisions of this section is eligible for sealing pursuant to this section if the district attorney consents to the sealing or if the court finds, by clear and convincing evidence, that the petitioner's need for sealing of the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect or inform the public. However, no more than one misdemeanor that is a crime as defined in section 24-4.1-302 (1) is eligible for sealing pursuant to the provisions of this section.
(c) This section does not apply to records that are subject to the procedure set forth in section 18-13-122 (13).
C.R.S. § 24-72-710 Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon
24-72-710. Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon. (1) At any time after receiving a full and unconditional pardon, a defendant may file a motion in the case in which any conviction records exist pertaining to the defendant's conviction for any offenses that received a full and unconditional pardon.
(2) A defendant moving to have his or her criminal records sealed pursuant to this section is not required to pay a processing fee but shall provide notice of the motion to the district attorney.
(3) The district attorney shall determine whether to object to the petition after considering the factors in section 24-72-706 (1)(g) and the additional factor of the defendant having received a full and unconditional pardon. The district attorney shall advise the court of a victim's objection and request for hearing if known. If the district attorney does not object and the offense is not a crime enumerated in section 24-4.1-302 (1), the court may decide the petition with or without the benefit of a hearing. If the district attorney objects to the petition or the offense is a crime enumerated in section 24-4.1-302 (1) and the district attorney requests a hearing on behalf of a victim, the court shall set the matter for hearing. The court shall order the records sealed unless the court finds by clear and convincing evidence that the public interest in retaining public access to the conviction records outweighs the harm to the privacy of the defendant, the dangers of unwarranted, adverse consequences to the defendant, and the intent of the full and unconditional pardon.
C.R.S. § 24-72-711 Record sealing - change in the law - conduct no longer prohibited
24-72-711. Record sealing - change in the law - conduct no longer prohibited. [Editor's note: This section is effective July 1, 2025.]
(1) Pursuant to the timelines in this subsection (1), if a statutory change legalizes previously prohibited conduct, a defendant may file a motion in any case in which a conviction record exists pertaining to the defendant's conviction for an offense that is no longer prohibited by statute and provide notice of the motion to the district attorney. A defendant may file the motion after the date of the final disposition against the defendant or the date of the defendant's release from supervision, whichever is later.
(2) A defendant who makes a motion to have the defendant's criminal records sealed pursuant to this section is not required to pay any fees or costs associated with sealing the record.
(3) The district attorney may only object to the sealing of a record pursuant to this section if the district attorney has a good-faith belief that the offense the defendant is seeking to seal is illegal at the time the motion to seal is made. If the district attorney does not object within forty-two days after the date of the motion to seal the record, the court shall order the record sealed regardless of other convictions on the defendant's record.
(4) Notwithstanding the provisions of section 24-72-706 (1)(c), a defendant who files a motion pursuant to this section shall not be required to submit a verified copy of the defendant's criminal history with the motion. Section 24-72-703 (2)(a)(V) does not apply to conviction records sealed pursuant to this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026