Sec. 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".
Source: L. 2009: Entire section added, (SB 09-292), ch. 369, p. 1969, § 79, effective
August 5.
Sec. 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.
Source: L. 68: p. 201, § 1. C.R.S. 1963: § 113-2-1.
Sec. 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;
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(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.
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(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".
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(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.
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(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.
(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
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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.
(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.
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Source: L. 68: p. 201, § 2. C.R.S. 1963: § 113-2-2. L. 77: (6) amended, p. 1250, § 2,
effective December 31. L. 85: (1.5) added, p. 867, § 1, effective June 6. L. 90: (3) amended, p.
449, § 21, effective April 18. L. 91: (5) amended, p. 726, § 3, effective April 20. L. 92: (4.5)
added and (7) amended, p. 1103, § 2, effective July 1. L. 94: (1.3) added, p. 936, § 1, effective
April 28; (4.5) amended, p. 832, § 2, effective April 28. L. 96: (1.7) added and (2) and (6)
amended, p. 141, § 2, effective April 8; (1), (6), and (7) amended and (1.1), (1.2), and (6.5)
added, p. 1480, § 4, effective June 1. L. 97: (6)(b)(II) and (6.5)(b) amended and (6.5)(d) added,
p. 1104, §§ 2, 3, effective August 6. L. 98: (6)(b)(III) added, p. 213, § 3, effective August 5. L.
99: (6.5)(c)(IV) amended, p. 205, § 2, effective March 31. L. 2000: (6)(b)(III) amended, p. 223,
§ 4, effective March 29; (6)(b)(IV) added, p. 243, § 8, effective March 29; (6)(a)(I) amended, p.
415, § 6, effective April 13; (6)(b)(V) added, p. 1736, § 4, effective June 1. L. 2001: (8) added,
p. 1075, § 4, effective August 8. L. 2002: (3) amended, p. 643, § 2, effective May 24; (5)
amended, p. 402, § 3, effective August 7. L. 2004: (6)(b)(III) amended, p. 575, § 33, effective
July 1. L. 2005: (1.6), (1.8), (1.9), (6)(a)(IV), (6)(b)(VI), (6)(b)(VII), (6)(b)(VIII), and (6)(b)(IX)
added and (2) amended, pp. 530, 531, §§ 1, 2, 3, effective May 24; (5) amended, p. 1068, § 15,
effective January 1, 2006. L. 2006: (1.7), (1.8), and (1.9) amended, p. 1503, § 43, effective June
1; (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) added, p. 1719, § 2, effective June 6. L. 2007: (6)(b)(X),
(6)(b)(XI), and (6)(b)(XII) amended, p. 917, § 16, effective May 17. L. 2009: (6)(a)(II)(C) and
(6.5)(b) amended, (HB 09-1348), ch. 358, p. 1864, § 3, effective June 1. L. 2010: (6)(b)(XI) and
(6)(b)(XII) amended and (6)(b)(XIII) added, (HB 10-1284), ch. 355, p. 1687, § 13, effective July
1. L. 2011: (6)(b)(X) amended, (SB 11-062), ch. 128, p. 435, § 18, effective April 22;
(6)(b)(XIII) amended, (HB 11-1043), ch. 266, p. 1211, § 18, effective July 1. L. 2015:
(6)(b)(III)(B) amended, (HB 15-1359), ch. 269, p. 1055, § 15, effective June 3. L. 2019: (4.5)
amended, (SB 19-244), ch. 243, p. 2377, § 4, effective May 20. L. 2020: (6)(b)(XIV) added,
(HB 20-1153), ch. 109, p. 440, § 5, effective June 16; (8) amended, (SB 20-186), ch. 272, p.
1329, § 16, effective July 11. L. 2021: (6)(b)(XV) added, (HB 21-1109), ch. 489, p. 3526, § 3,
effective July 7. L. 2022: (4.5) amended, (SB 22-171), ch. 240, p. 1781, § 2, effective May 26.
L. 2023: (6)(b)(XIV) and (6)(b)(XV) amended and (6)(b)(XVI) added, (HB 23-1205), ch. 430, p.
2531, § 3, effective June 7; (6)(b)(XIV) and (6)(b)(XV) amended and (6)(b)(XVII) added, (SB
23-296), ch. 390, p. 2345, § 4, effective August 7. L. 2024: (6)(b)(XVI) and (6)(b)(XVII)
amended and (6)(b)(XVIII) added, (HB 24-1054), ch. 328, p. 2222, § 9, effective June 3;
(6)(b)(XV) repealed, (HB 24-1336), ch. 219, p. 1366, § 6, effective September 1.
Editor's note: Amendments to subsection (6) by House Bill 96-1029 and Senate Bill 96-
212 were harmonized.
Cross references: (1) For the legislative declaration contained in the 1996 act amending
subsections (1), (6), and (7) and enacting subsections (1.1), (1.2), and (6.5), see section 1 of
chapter 271, Session Laws of Colorado 1996.
(2)For the legislative declaration contained in the 2002 act amending subsection (3), see
section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative declaration
contained in the 2005 act amending subsection (5), see section 1 of chapter 269, Session Laws of
Colorado 2005.
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(3)For the legislative declaration in HB 20-1153, see section 1 of chapter 109, Session
Laws of Colorado 2020. For the legislative declaration in HB 23-1205, see section 1 of chapter
430, Session Laws of Colorado 2023.
Sec. 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.
(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:
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(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
(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.
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(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.
(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
Colorado Revised Statutes 2024 Page 2562 of 3111 Uncertified Printout
copyrighted materials and shall not apply to writings which are merely lists or other
compilations.
Source: L. 68: p. 202, § 3. C.R.S. 1963: § 113-2-3. L. 92: (4) added, p. 1104, § 3,
effective July 1. L. 96: (1) to (3) amended, p. 1483, § 5, effective June 1. L. 99: IP(3)(b)
amended and (3)(b)(III) added, p. 207, § 1, effective March 31. L. 2017: (3.5) added, (SB 17-
040), ch. 286, p. 1582, § 1, effective August 9. L. 2018: IP(3.5)(b) and (3.5)(c) amended, (HB
18-1375), ch. 274, p. 1711, § 53, effective May 29. L. 2022: (3.5)(e) amended, (SB 22-212), ch.
421, p. 2978, § 57, effective August 10. L. 2023: (1)(a), (3.5)(a)(II), IP(3.5)(b), and (3.5)(b)(II)
amended and (3.5)(a)(IV) and (3.5)(a)(V) added, (SB 23-286), ch. 406, p. 2429, § 1, effective
August 7. L. 2024: (3)(d) added, (SB 24-210), ch. 468, p. 3264, § 52, effective June 6.
Cross references: For the legislative declaration contained in the 1996 act amending
subsections (1) to (3), see section 1 of chapter 271, Session Laws of Colorado 1996.
Sec. 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;
Colorado Revised Statutes 2024 Page 2563 of 3111 Uncertified Printout
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.;
(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
Colorado Revised Statutes 2024 Page 2564 of 3111 Uncertified Printout
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.
(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.
(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):
Colorado Revised Statutes 2024 Page 2565 of 3111 Uncertified Printout
(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.
(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
Colorado Revised Statutes 2024 Page 2566 of 3111 Uncertified Printout
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.
(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
Colorado Revised Statutes 2024 Page 2567 of 3111 Uncertified Printout
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.
(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.
Colorado Revised Statutes 2024 Page 2568 of 3111 Uncertified Printout
(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.
(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
Colorado Revised Statutes 2024 Page 2569 of 3111 Uncertified Printout
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.
(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.
Colorado Revised Statutes 2024 Page 2570 of 3111 Uncertified Printout
(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;
(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.
Colorado Revised Statutes 2024 Page 2571 of 3111 Uncertified Printout
(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).
(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.
Colorado Revised Statutes 2024 Page 2572 of 3111 Uncertified Printout
(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.
(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
Colorado Revised Statutes 2024 Page 2573 of 3111 Uncertified Printout
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. 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
Colorado Revised Statutes 2024 Page 2574 of 3111 Uncertified Printout
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.
(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
Colorado Revised Statutes 2024 Page 2575 of 3111 Uncertified Printout
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.
(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
Colorado Revised Statutes 2024 Page 2576 of 3111 Uncertified Printout
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;
(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
Sec. 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.
Colorado Revised Statutes 2024 Page 2577 of 3111 Uncertified Printout
(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.
(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
Colorado Revised Statutes 2024 Page 2578 of 3111 Uncertified Printout
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.
Source: L. 68: p. 202, § 4. L. 69: pp. 925, 926, §§ 1, 1. C.R.S. 1963: § 113-2-4. L. 77:
(2)(a)(I) repealed, p. 1250, § 4, effective December 31. L. 81: (3)(d) added, p. 1237, § 1,
effective May 18; (3)(a)(I) amended, p. 1236, § 1, effective May 26. L. 83: (3)(a)(V) and
(3)(a)(VI) amended and (3)(a)(VII) added, p. 1023, § 2, effective March 22. L. 85: (3)(a)(VI)
and (3)(a)(VII) amended and (3)(a)(VIII) added, p. 933, § 3, effective July 1. L. 88: (2)(a)(I)
RC&RE, p. 979, § 1, effective April 20. L. 91: (3.5) added, p. 828, § 1, effective July 1. L. 92:
(2)(a)(IV) and (3)(a)(II) amended and (3)(a)(IX) added, p. 1104, § 4, effective July 1. L. 93:
(3)(d) amended, p. 64, § 1, effective March 22; (3)(a)(IX) amended, p. 293, § 1, effective April
7; (2)(a)(III) and (2)(a)(IV) amended and (2)(a)(V) added, p. 1763, § 1, effective June 6;
(3)(a)(II) amended, p. 667, § 2, effective July 1. L. 94: (3)(a)(I) amended and (3)(a)(XI) added,
p. 936, § 2, effective April 28; (3.5)(a)(I) amended, p. 1638, § 53, effective May 31; (3)(a)(X)
added, p. 680, § 1, effective July 1; (2)(a)(IV), (2)(a)(V), (3.5)(a)(II), and (3.5)(b)(II) amended
and (2)(a)(VI) added, pp. 2557, 2558, § 59, 60, effective January 1, 1995. L. 96: (3)(c) amended,
p. 431, § 1, effective April 22; (2)(a)(II) and (6) amended and (3)(a)(VIII) repealed, pp. 1484,
1470, §§ 16, 6, effective June 1. L. 97: (3)(a)(I) amended, p. 350, § 5, effective April 19;
(2)(a)(VI) amended, p. 1178, § 1, effective July 1; (3)(a)(XII) added, p. 354, § 1, effective
August 6; (7) added, p. 1050, § 2, effective September 1. L. 98: (3)(d) amended, p. 974, § 21,
effective May 27; (3.5)(b)(V) added, p. 1332, § 43, effective June 1. L. 99: (3)(a)(X)(A)
amended and (3)(a)(XIII) added, p. 207, § 2, effective March 31; (2)(a)(VI) amended and
(3.5)(g) added, p. 344, §§ 1, 2, effective April 16; (2)(a)(VI) amended, p. 1241, § 3, effective
August 4; (3)(a)(XIV) added, p. 370, § 1, effective August 4. L. 2000: (2)(c) added, p. 243, § 9,
effective March 29; (2)(a)(VI), (3.5)(a)(II), (3.5)(b)(II), (3.5)(b)(III), (3.5)(b)(V), and (7)
amended, p. 1337, § 1, effective May 30; (3)(e) added, p. 1963, § 5, effective June 2; (7)(b)(XV)
added, p. 732, § 13, effective July 1; (3.5)(c)(VI) amended, p. 1873, § 111, effective August 2.
L. 2001: (7)(a) amended, p. 1274, § 35, effective June 5; (1)(d) added, p. 151, § 6, effective July
1; (3)(a)(XI)(A), (5), and (6)(a) amended and (5.5) added, p. 1073, § 3, effective August 8; (7)(a)
and (7)(c) amended, p. 586, § 1, effective August 8. L. 2002: (3.5)(c)(VII) amended, p. 113, § 7,
effective March 26; (3)(a)(XVI) added, p. 239, § 8, effective April 12; (3)(a)(XVII) added, p.
1213, § 10, effective June 3; (3)(a)(XVIII) added, p. 935, § 1, effective July 1; (3)(a)(XV) added,
p. 86, § 2, effective August 7. L. 2003: (3)(a)(XVI) and (3)(a)(XVII) amended, p. 1636, § 1,
Colorado Revised Statutes 2024 Page 2579 of 3111 Uncertified Printout
effective May 2; (3.5)(c)(VII) amended, p. 1211, § 23, effective July 1; (3)(a)(IX) amended, p.
1619, § 30, effective August 6. L. 2004: (2)(a)(VII) added, p. 1959, § 3, effective August 4. L.
2005: (2)(a)(VIII) added, (3)(a)(IX) amended, and (3)(a)(XVII) repealed, pp. 502, 503, 504, §§
1, 2, 5, effective July 1; (3)(a)(XII) and (7)(a) amended, p. 1182, § 29, effective August 8;
(3)(a)(XIV) amended, p. 462, § 3, effective December 1. L. 2006: (8) added, p. 44, § 1, effective
March 17; (3)(a)(XIX) added, p. 564, § 1, effective April 24; (3)(a)(IV) amended, p. 276, § 2,
effective January 1, 2007. L. 2007: (2)(d) added, p. 34, § 2, effective March 5; (3)(a)(XIV)
amended, p. 1590, § 7, effective July 1; (7)(b)(XV) amended, p. 798, § 8, effective July 1. L.
2008: (7)(a) amended and (7)(d) added, p. 1520, § 2, effective May 28; (3)(a)(XX) added, p.
1703, § 2, effective June 2. L. 2009: (3)(a)(XXI) added, (SB 09-158), ch. 387, p. 2094, § 3,
effective August 5. L. 2010: (3)(a)(XII) amended, (HB 10-1019), ch. 400, p. 1930, § 6, effective
January 1, 2011. L. 2012: (2)(e) added, (SB 12-079), ch. 58, p. 214, § 7, effective March 24;
(2)(a)(IX) added, (HB 12-1036), ch. 269, p. 1419, § 1, effective June 7; (2)(a)(VIII)(A)
amended, (HB12- 1283), ch. 240, p. 1134, § 48, effective July 1; IP(7)(b) and (7)(b)(VIII)
amended, (HB12-1231), ch. 22, p. 58, § 1, effective August 8. L. 2013: (3)(a)(XIX)(A) and
(3)(a)(XIX)(B) amended, (SB 13-011), ch. 49, p. 168, § 28, effective May 1; IP(3.5)(c) and
(3.5)(c)(VII) amended, (SB 13-154), ch. 282, p. 1487, § 67, effective July 1; (3)(a)(XX)
repealed, (HB 13-1300), ch. 316, p. 1685, § 64, effective August 7. L. 2014: (7)(b)(VIII)
amended, (SB 14-133), ch. 389, p. 1957, § 3, effective June 6; (3)(a)(XIX)(A) amended and
(3)(a)(XIX)(B) repealed, (HB 14-1073), ch. 30, p. 175, § 2, effective July 1; (2)(e) amended, (SB
14-002), ch. 241, p. 893, § 5, effective August 6. L. 2016: (3)(a)(XIX)(C) amended, (SB 16-
189), ch. 210, p. 769, § 56, June 6. L. 2017: IP(3)(d), (3)(d)(III), and IP(3)(e)(I) amended, (SB
17-294), ch. 264, p. 1405, § 76, effective May 25; (2)(a)(VII)(A), (3)(a)(I), and (5) amended,
(SB17-040), ch. 286, p. 1583, § 2, effective August 9; IP(3.5)(c) and (3.5)(c)(V) amended, (HB
17-1238), ch. 260, p. 1175, § 22, effective August 9; (5) amended, (HB 17-1177), ch. 197, p.
718, § 1, effective August 9; IP(7)(b) and (7)(b)(XV) amended, (SB 17-223), ch. 158, p. 563, §
17, effective August 9. L. 2018: IP(3)(a) amended and (3)(a)(X)(D) added, (HB 18-1152), ch.
281, p. 1759, § 2, effective August 8. L. 2019: (3)(a)(XXII) added, (HB 19-1197), ch. 95, p. 350,
§ 2, effective April 11; (3)(a)(X.5) added, (SB 19-244), ch. 243, p. 2377, § 3, effective May 20;
(3)(a)(VI) amended, (HB 19-1278), ch. 326, p. 3036, § 50, effective August 2; (3)(a)(XIV) and
(7)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1693, § 135, effective October 1. L. 2021:
IP(3)(a) and (3)(a)(XIX)(A) amended, (HB 21-1287), ch. 264, p. 1539, § 3, effective June 18;
(7)(a), (7)(b)(I), and (7)(b)(IV) amended, (SB 21-131), ch. 353, p. 2298, § 2, effective June 25;
IP(3)(a) amended and (3)(a)(XXIII) added, (HB 21-1181), ch. 279, p. 1614, § 4, effective
September 7; (3)(a)(XI) amended, (HB 21-1051), ch. 183, p. 986, § 3, September 7. L. 2022:
(3)(a)(XXII) amended, (HB 22-1041), ch. 39, p. 211, § 2, effective March 24; (3)(a)(XXII)
amended, (HB 22-1273), ch. 324, p. 2294, § 3, effective June 2; (2)(a)(X) added, (SB 22-169),
ch. 204, p. 1365, § 2, effective August 10; (7)(b)(VIII) amended, (SB 22-212), ch. 421, p. 2978,
§ 58, effective August 10. L. 2023: (2)(a)(VII) amended and (9) added, (SB 23-286), ch. 406, p.
2430, § 2, effective August 7. L. 2024: (9) amended, (SB 24-160), ch. 445, p. 3116, § 4,
effective August 7; (10) added, (SB 24-129), ch. 272, p. 1778, § 3, effective August 7. Initiated
2024: (3)(a)(XIV) amended, Proposition 129, effective January 1, 2026.
Editor's note: (1) Subsection (3)(a)(IX) was numbered as (3)(a)(X) in House Bill 92-
1195 but has been renumbered on revision for ease of location.
Colorado Revised Statutes 2024 Page 2580 of 3111 Uncertified Printout
(2)Amendments to subsection (2)(a)(VI) by House Bill 99-1293 and Senate Bill 99-174
were harmonized.
(3)Amendments to subsection (7)(a) by House Bill 01-1025 and Senate Bill 01-138
were harmonized.
(4)Subparagraph (3)(a)(XVIII) was originally numbered as (3)(a)(XV) in House Bill 02-
1395 but has been renumbered on revision for ease of location.
(5)Amendments to subsection (5) by SB 17-040 and HB 17-1177 were harmonized.
(6)Subsection IP(3)(a) was amended in HB 21-1287. Those amendments were
superseded by the amendment of subsection IP(3)(a) in HB 21-1181.
(7)Subsection (3)(a)(X)(D) provided for the repeal of subsection (3)(a)(X)(D), effective
May 1, 2021. (See L. 2018, p. 1759.)
(8)Amendments to subsection (3)(a)(XXII) by HB 22-1041 and HB 22-1273 were
harmonized.
(9)Section 4(2) of chapter 272 (SB 24-129), Session Laws of Colorado 2024, provides
that the act changing this section applies to the collection and disclosure of data concerning
members of a nonprofit entity by a public agency on or after August 7, 2024.
(10)Subsection (3)(a)(XIV) was changed by Proposition 129, effective January 1, 2026.
The measure was approved on November 5, 2024, and was proclaimed by the Governor on
December 17, 2024. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: (1) For the legislative declaration contained in the 1996 act amending
subsections (2)(a)(II) and (6), see section 1 of chapter 271, Session Laws of Colorado 1996; for
service of process, see C.R.C.P. 4.
(2)For the legislative declaration in HB 18-1152, see section 1 of chapter 281, Session
Laws of Colorado 2018.
(3)For the short title ("Colorado Votes Act") in HB 19-1278, see section 1 of chapter
326, Session Laws of Colorado 2019.
(4)For the legislative declaration in HB 21-1051, see section 1 of chapter 183, Session
Laws of Colorado 2021. For the legislative declaration in HB 21-1181, see section 1 of chapter
279, Session Laws of Colorado 2021.
(5)For the legislative declaration in SB 22-169, see section 1 of chapter 204, Session
Laws of Colorado 2022.
Sec. 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
Colorado Revised Statutes 2024 Page 2581 of 3111 Uncertified Printout
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.
Source: L. 96: Entire section added, p. 1485, § 7, effective June 1. L. 2023: (3) added,
(SB 23-286), ch. 406, p. 2430, § 3, effective August 7.
Sec. 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
Colorado Revised Statutes 2024 Page 2582 of 3111 Uncertified Printout
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.
Source: L. 68: p. 204, § 5. C.R.S. 1963: § 113-2-5. L. 83: (1) amended, p. 863, § 4,
effective July 1. L. 92: (3) and (4) added, p. 1105, § 5, effective July 1. L. 2007: (1) and (2)
amended and (5) added, p. 578, § 1, effective August 3. L. 2013: (1) amended, (HB 13-1041),
ch. 9, p. 23, § 1, effective March 8. L. 2014: (6) added, (HB 14-1193), ch. 142, p. 487, § 1,
effective July 1. L. 2018: (6)(b) amended, (HB 18-1375), ch. 274, p. 1712, § 54, effective May
Colorado Revised Statutes 2024 Page 2583 of 3111 Uncertified Printout
29. L. 2023: (5)(a) amended and (7) added, (SB 23-286), ch. 406, p. 2431, § 4, effective August
7.
Cross references: For distribution of copies of reports made to the general assembly,
see § 24-1-136 (9).
Sec. 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.
(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
Colorado Revised Statutes 2024 Page 2584 of 3111 Uncertified Printout
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;
(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;
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(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.
Source: L. 2012: Entire section added, (HB 12-1036), ch. 269, p. 1420, § 2, effective
June 7.
Sec. 24-72-206.
Violation - penalty. (Repealed)
Source: L. 68: p. 204, § 6. C.R.S. 1963: § 113-2-6. L. 2017: Entire section repealed,
(SB 17-040), ch. 286, p. 1584, § 3, effective August 9.
PART 3
CRIMINAL JUSTICE RECORDS
Law reviews: For article, "Procedures and Ethical Questions Under the Colorado
Criminal Justice Records Act", see 14 Colo. Law. 2193 (1985); for article, "'Columbine' and
Colorado's Records Acts", see 45 Colo. Law. 45 (Sept. 2016).
Sec. 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.
Source: L. 77: Entire part added, p. 1244, § 1, effective December 31.
Sec. 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
Colorado Revised Statutes 2024 Page 2586 of 3111 Uncertified Printout
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.
(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
Colorado Revised Statutes 2024 Page 2587 of 3111 Uncertified Printout
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.
Source: L. 77: Entire part added, p. 1244, § 1, effective December 31. L. 81: (3)
amended, p. 1238, § 1, effective June 4. L. 88: (2) amended, p. 979, § 2, effective April 20. L.
89: (2) amended, p. 845, § 114, effective July 1. L. 90: (9) amended, p. 449, § 22, effective April
18. L. 98: (2) amended, p. 947, § 6, effective May 27. L. 99: (4) amended, p. 1170, § 5, effective
July 1. L. 2000: (4) amended, p. 1266, § 5, effective May 26; (4) amended, p. 1027, § 7,
effective July 1. L. 2002: (4) amended, p. 1023, § 43, effective June 1; (4) amended, p. 1155, §
15, effective July 1. L. 2006: (4) amended, p. 1692, § 15, effective July 1, 2007. L. 2007: (4)
amended, p. 2040, § 60, effective June 1. L. 2008: (3) amended, p. 1668, § 13, effective May 29.
L. 2009: (4) amended, (SB 09-241), ch. 295, p. 1577, § 2, effective September 30, 2010. L.
2010: (4) amended, (HB 10-1422), ch. 419, p. 2087, § 76, effective August 11. L. 2011: (11)
added, (HB 11-1203), ch. 72, p. 199, § 1, effective August 10.
Editor's note: (1) Amendments to subsection (4) by House Bill 00-1166 and Senate Bill
00-121 were harmonized.
(2)Amendments to subsection (4) by Senate Bill 02-159 and Senate Bill 02-019 were
harmonized.
Sec. 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
Colorado Revised Statutes 2024 Page 2588 of 3111 Uncertified Printout
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.
(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,
Colorado Revised Statutes 2024 Page 2589 of 3111 Uncertified Printout
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)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.
Source: L. 77: Entire part added, p. 1246, § 1, effective December 31. L. 2019: (4) and
(5)added, (HB 19-1119), ch. 96, p. 352, § 1, effective April 12. L. 2021: (4)(a) amended, (HB
21-1250), ch. 458, p. 3069, § 20, effective July 6.
Sec. 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
Colorado Revised Statutes 2024 Page 2590 of 3111 Uncertified Printout
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.
(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.
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(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.
(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);
Colorado Revised Statutes 2024 Page 2592 of 3111 Uncertified Printout
(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.
Source: L. 77: Entire part added, p. 1246, § 1, effective December 31. L. 92: (4) added,
p. 1106, § 6, effective July 1. L. 93: (4) amended, p. 1863, § 1, effective June 6. L. 96: (4)(a)
amended, p. 1587, § 14, effective July 1. L. 97: (5) added, p. 1551, § 2, effective July 1. L.
2000: (4)(b)(I)(A), (4)(b)(I)(B), and (4)(b)(I)(C) amended, p. 707, § 36, effective July 1. L.
2006: (4)(a) and (4)(b)(I) amended, p. 421, § 3, effective April 13. L. 2011: (4)(d) added, (HB
11-1169), ch. 119, p. 374, § 2, effective April 20. L. 2016: (4.5) amended, (SB 16-110), ch. 90,
p. 252, § 1, effective September 1. L. 2021: IP(4.5)(d) and (4.5)(d)(I) amended, (SB 21-059), ch.
136, p. 746, § 119, effective October 1. L. 2023: (4.5)(a) and (4.5)(c) amended, (4.5)(a.5) and
(4.5)(e) added, and (4.5)(b) repealed, (SB 23-075), ch. 242, p. 1298, § 1, effective August 7. L.
2024: (4)(a) and (4.5)(a) amended and (4.5)(f) added, (HB 24-1090), ch. 4, p. 8, § 1, effective
February 20.
Editor's note: Section 2 of chapter 90 (SB 16-110), Session Laws of Colorado 2016,
provides that the notation requirement in subsection (4.5) applies to offenses committed on or
after September 1, 2016. Section 2 further provides that criminal justice agencies and custodians
of criminal justice records shall make reasonable efforts to comply with subsection (4.5) for
offenses committed prior to September 1, 2016.
Sec. 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
Colorado Revised Statutes 2024 Page 2593 of 3111 Uncertified Printout
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).
Source: L. 77: Entire part added, p. 1246, § 1, effective December 31. L. 78: IP(1)
amended and (2) to (4) repealed, pp. 403, 407, §§ 1, 4, effective May 5. L. 99: (1.5) added, p.
1170, § 6, effective July 1. L. 2000: (1.5) amended, p. 1266, § 6, effective May 26; (1.5)
amended, p. 1028, § 8, effective July 1. L. 2002: (1.5) amended, p. 1024, § 44, effective June 1;
(1.5)amended, p. 1155, § 16, effective July 1. L. 2005: (8) added, p. 503, § 3, effective July 1.
L. 2006: (1.5) amended, p. 1692, § 16, effective July 1, 2007. L. 2007: (1.5) amended, p. 2040, §
61, effective June 1. L. 2009: (1.5) amended, (SB 09-241), ch. 295, p. 1577, § 3, effective
September 30, 2010. L. 2010: (1.5) amended, (HB 10-1422), ch. 419, p. 2087, § 77, effective
August 11. L. 2019: (5) amended, (HB 19-1119), ch. 96, p. 354, § 2, effective April 12.
Editor's note: (1) Amendments to subsection (1.5) by House Bill 00-1166 and Senate
Bill 00-121 were harmonized.
(2)Amendments to subsection (1.5) by Senate Bill 02-159 and Senate Bill 02-019 were
harmonized.
Sec. 24-72-305.3.
Private access to criminal history records of volunteers and employees
of charitable organizations.
Colorado Revised Statutes 2024 Page 2594 of 3111 Uncertified Printout
(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).
(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
Colorado Revised Statutes 2024 Page 2595 of 3111 Uncertified Printout
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.
Source: L. 95: Entire section added, p. 111, § 1, effective March 30. L. 2000: Entire
section amended, p. 1701, § 1, effective July 1. L. 2001: Entire section amended, p. 1233, § 1,
effective June 5. L. 2002: (2)(b)(III) amended, p. 1189, § 32, effective July 1; (2)(b)(II)
amended, p. 1535, § 258, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending
subsection (2)(b)(II), see section 1 of chapter 318, Session Laws of Colorado 2002.
Sec. 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.
Colorado Revised Statutes 2024 Page 2596 of 3111 Uncertified Printout
Source: L. 94: Entire section added, p. 1048, § 1, effective July 1. L. 2002: IP(1) and (2)
amended, p. 977, § 14, effective June 1.
Sec. 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.
Source: L. 92: Entire section added, p. 406, § 23, effective June 3. L. 2014: Entire
section amended, (HB 14-1047), ch. 115, p. 414, § 1, effective September 1. L. 2015: (2)(b)
amended, (HB 15-1137), ch. 46, p. 114, § 1, effective March 26.
Sec. 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
Colorado Revised Statutes 2024 Page 2597 of 3111 Uncertified Printout
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.
Source: L. 2006: Entire section added, p. 120, § 1, effective March 27. L. 2016: (2)
amended, (SB 16-142), ch. 173, p. 590, § 74, effective May 18.
Sec. 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.
Colorado Revised Statutes 2024 Page 2598 of 3111 Uncertified Printout
Source: L. 77: Entire part added, p. 1248, § 1, effective December 31. L. 2008: (1)
amended and (3) added, p. 428, § 1, effective August 5.
Sec. 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.
Source: L. 77: Entire part added, p. 1248, § 1, effective December 31.
Sec. 24-72-308.
Sealing of arrest and criminal records other than convictions.
(Repealed)
Source: L. 77: Entire part added, p. 1249, § 1, effective December 31. L. 78: (1) and (2)
amended, (1.1) to (1.3) and (9) added, and (3)(b) repealed, pp. 403, 406, §§ 2, 3, effective May
5. L. 79: (1)(a), (1.1)(c) to (1.1)(f), and (9) amended and (10) added, p. 975, § 1, effective March
13. L. 81: Entire section R&RE, p. 1238, § 2, effective June 4. L. 82: (2)(b)(I), (2)(b)(II), and
(5)(a) amended, p. 655, § 8, effective January 1, 1983. L. 83: (1)(a) amended, p. 680, § 4,
effective July 1; (2)(i) and (3)(c)(II) amended, p. 963, § 11, effective July 1, 1984. L. 87: (5)(a)
amended, p. 1498, § 8, effective July 1. L. 88: Entire section R&RE, p. 979, § 3, effective April
20. L. 92: (1.5) added, p. 281, § 1, effective July 1; (3) amended, p. 1106, § 7, effective July 1.
L. 95: (3)(a) amended, p. 314, § 1, effective July 1. L. 96: (1)(a) amended, p. 736, § 5, effective
July 1; (3)(c) amended and (3)(d) added, p. 1587, § 13, effective July 1. L. 2002: (3)(c)
amended, p. 1190, § 33, effective July 1. L. 2003: (1)(b)(II) amended, p. 634, § 1, effective
March 18. L. 2004: (1)(a) amended, p. 1375, § 1, effective August 4. L. 2006: (1)(a)(II)
amended, p. 422, § 4, effective April 13. L. 2008: (1)(f)(III) added, p. 1668, § 14, effective May
29; (1)(a)(III), (2), and (3)(a) amended, p. 1937, § 1, effective July 1; (3)(e) added, p. 473, § 1,
effective July 1. L. 2011: (1)(c) amended, (HB 11-1203), ch. 72, p. 199, § 2, effective August
10. L. 2013: (1)(a)(I), IP(1)(a)(III), (1)(b)(II), and (2)(b) amended and (3)(f) and (4) added, (SB
Colorado Revised Statutes 2024 Page 2599 of 3111 Uncertified Printout
13-123), ch. 289, pp. 1542, 1555, §§ 7, 14, effective May 24; (1)(b)(II) amended and (4) added,
(SB 13-229), ch. 272, p. 1432, § 16, effective July 1; (1)(a)(I) and (1)(c) amended, (HB 13-
1156), ch. 336, p. 1959, §§ 9, 10, effective August 7. L. 2014: Entire section repealed, (SB 14-
206), ch. 317, p. 1377, § 2, effective August 1.
Editor's note: This section was relocated to § 24-72-702 in 2014.
Sec. 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)
Source: L. 2008: Entire section added, p. 1938, § 2, effective July 1. L. 2010: (4)(c)
amended, (HB 10-1422), ch. 419, p. 2088, § 78, effective August 11. L. 2011: (2)(a)(II), (2)(c),
(2)(d), and IP(4)(a) amended, (HB 11-1167), ch. 69, p. 181, § 1, effective March 29; (2)(c)
amended, (HB 11-1203), ch. 72, p. 200, § 3, effective August 10. L. 2013: (2)(f)(I) amended and
(6)added, (SB 13-123), ch. 289, p. 1543, § 8, effective May 24; (6) added, (SB 13-229), ch. 272,
p. 1433, § 17, effective July 1. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, §
2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article.
Former subsections of this section are shown in editor's notes following those sections where
they were relocated. For a detailed comparison, see the comparative tables located in the back of
the index.
Sec. 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)
Source: L. 2011: Entire section added, (HB 11-1167), ch. 69, p. 182, § 2, effective
March 29. L. 2013: (6) added, (SB 13-123), ch. 289, p. 1543, § 9, effective May 24; (6) added,
(SB 13-229), ch. 272, p. 1433, § 18, effective July 1; (2)(a)(II)(C) and (2)(a)(III)(C) amended
and (2)(a)(II.5) and (2)(a)(III.5) added, (SB 13-250), ch. 333, pp. 1940, 1936, §§ 63, 57,
effective October 1. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2,
effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article.
Former subsections of this section are shown in editor's notes following those sections where
they were relocated. For a detailed comparison, see the comparative tables located in the back of
the index.
Sec. 24-72-308.7.
Sealing of criminal conviction records information for offenses
committed by victims of human trafficking. (Repealed)
Source: L. 2012: Entire section added, (HB 12-1151), ch. 174, p. 623, § 7, effective
August 8. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August
1.
Colorado Revised Statutes 2024 Page 2600 of 3111 Uncertified Printout
Editor's note: This section was relocated to several sections in part 7 of this article.
Former subsections of this section are shown in editor's notes following those sections where
they were relocated. For a detailed comparison, see the comparative tables located in the back of
the index.
Sec. 24-72-308.8.
Sealing of criminal conviction records information for offenses
involving theft of public transportation services. (Repealed)
Source: L. 2012: Entire section added, (SB 12-044), ch. 274, p. 1449, § 6, effective June
8. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article.
Former subsections of this section are shown in editor's notes following those sections where
they were relocated. For a detailed comparison, see the comparative tables located in the back of
the index.
Sec. 24-72-308.9.
Sealing of criminal conviction records information for petty offenses
and municipal offenses for convictions. (Repealed)
Source: L. 2013: Entire section added, (SB 13-123), ch. 289, p. 1544, § 10, effective
May 24. L. 2014: Entire section repealed, (SB 14-206), ch. 317, p. 1377, § 2, effective August 1.
Editor's note: This section was relocated to several sections in part 7 of this article.
Former subsections of this section are shown in editor's notes following those sections where
they were relocated. For a detailed comparison, see the comparative tables located in the back of
the index.
Sec. 24-72-309.
Violation - penalty. Any person who willfully and knowingly violates the
provisions of this part 3 commits a petty offense.
Source: L. 77: Entire part added, p. 1250, § 1, effective December 31. L. 2021: Entire
section amended, (SB 21-271), ch. 462, p. 3230, § 431, effective March 1, 2022.