Colorado Public Records

A Colorado public record is any document pertaining to official government functions created, stored, or maintained by a public office. Colorado public records are open to the public and encompass various records, such as court records, property records, jail records, birth records, arrest records, and bankruptcy records, among others.

The Colorado Open Records Act (CORA) governs the state's collation, maintenance, and availability of public records. The CORA mandates that government institutions or agencies, at the state or local levels, grant public access to all non-exempt records upon request.

Access to public records is indispensable in Colorado's democratic system. Public records embody the principles of openness, accountability, and transparency. They grant citizens access to vital information, allowing them to actively track, monitor, and follow up on government activities, including the performance of elected officials in Colorado.

Are Colorado Records Public?

Yes. The Colorado Open Records Act designates records held by institutions or government agencies as public records, accessible to the public for inspection or copying. Per the Act, any interested party can submit a public records request to a state or local agency to view or obtain copies of records.

Despite the provisions under CORA, certain records are exempt from public disclosure. C.R.S. 24-72-204 expressly restricts or excludes the disclosure of documents containing sensitive information. In such cases, access is restricted to authorized parties. Otherwise, all or part of the record may be redacted or expunged, or the record may only be accessible through a court order.

Below are the types of records exempt from public disclosure under the state's Public Records Act:

Confidential records, such as Social Security numbers, bank account information, driver's license, etc.;
Any information whose disclosure would contravene a state or federal statute or a court order;
Records about an ongoing law enforcement investigation;
Juvenile records;
Trade secrets;
Personnel records;
Medical records;
Sexual harassment investigation records;
Examination-related information, such as test questions, scoring keys, and other examination data used for academic, licensing, or employment purposes.

Colorado Public Records Act

The Colorado Open Records Act, enacted by the Colorado legislature in 1969, is outlined in §§ 24-72-201 through 24-72-206 within the Colorado Revised Statutes (Title 24, Article 72). This legislation, modeled after the Federal Freedom of Information Act (FOIA), governs public access to government records, aiming to balance the public's right to information and an individual's privacy. Notably, the Act allows anyone, regardless of citizenship or residency status, to inspect or copy records, and requestors need not disclose their intended use or purpose.

Below are some of the records that fall within the definition and scope of public records according to the CORA:

Bankruptcy records
Marriage records
Crime statistics and reports
Divorce records
Inmate records
Court records and decisions
Property records.
Criminal records and public case information

How Do I Find Public Records in Colorado?

The methods and procedures for finding Colorado public records vary between agencies. However, requesters can generally follow these steps to retrieve a record from any agency:

Step 1: Determine The Type Of Record Required

To obtain a public record in Colorado, the first step is to determine the specific type of record needed. This requires identifying the category that best aligns with the information sought and confirming whether or not the record is considered a public record.

Step 2: Determine The Custodian Of The Record

Various states or local agencies manage different public records. After determining the record type, the requester should determine the relevant state agency tasked with maintaining and providing access to those records. For instance, court records can be requested from the court where a case was heard, while property records can be obtained from a local assessor or recorder's office. Similarly, arrest or inmate records can be requested from a local sheriff's office or the state police department.

Step 3: Verify The Record's Availability And Access Requirements

Visit the record custodian's or agency's website for guidelines, access methods, and fees. They may offer a designated phone line or email for assistance. In most cases, the inquirer will need to provide a case number, page number, location, or city details with which to facilitate the search. To confirm record availability, contact the records custodian, usually within the agency's public information or records division.

Step 4: Prepare And Submit The Request

In Colorado, public records requests are made orally or in writing. While the accepted request methods vary, they generally include in-person, by mail, fax/email, phone, or online. However, record custodians prefer written requests in most cases.

In Colorado, record custodians often provide request forms on their websites, some of which are downloadable. If available, fill out the form online or download it, complete the required information, and mail it to the record custodian. While the specific information needed for public requests may vary based on the record type, requesters are typically required to specify the desired record, provide their contact information, and include identifying details like names, dates, and case numbers.

Step 5: Pay The Applicable Fees

Standard fees may be required to process public records requests in Colorado, and these fees, along with their payment methods, vary by agency depending on the record type and volume.

Find Colorado Public Records Free

Interested parties can easily access Colorado public records online or in person with no associated fees. Record custodians typically maintain searchable databases or portals that provide free access to public records. Additionally, agencies that offer public access terminals at their physical locations often do not require in-person access fees. Below are examples of agencies offering in-person or portal access for free:

The Colorado Department of Corrections provides free online access to inmate records through its offender search portal.
The Colorado Secretary of State provides public access to business entity records, such as corporate filings, via its bizSearch portal.
The Denver County Clerk and Assessor's Office has a free property records portal for inspecting property tax assessment records.
El Paso County Sheriff's free inmate search tool.
The Larimer County Recorder and Clerk offers in-person and online free access to documents and records within its custody.

An appointment is often required to use an agency's public terminal or public viewing station.

What Happens if I Am Refused a Public Records Request?

In Colorado, individuals seeking public records may face denials for various reasons. Common grounds for denial include:

The record requested contains confidential information
The request was sent to the wrong government agency
The records contain trade secrets or privileged information
The requested record is restricted from public disclosure by law or court order.

Under CORA (C.R.S. 24-72-204(4)), if an applicant is denied access to a public record, they can request a written statement from the record custodian explaining the denial and citing the relevant law. Also, the requestor can appeal to a district court with jurisdiction, which may order access to the record if the denial is deemed unjustified. In such cases, the court may award attorney fees and court costs to the requester. However, if the court finds the requestor's actions frivolous, they may be required to cover the custodian's attorney fees.

How Long Does It Take to Obtain a Colorado Public Record?

According to the Colorado Open Records Act (CORA), record custodians are mandated to make requested records available within a reasonable time frame. If immediate access is not possible, per C.R.S. 24-72-203(3)(a), record custodians should notify the requesting party and designate a date and time to make the records available, with a maximum waiting period of three working days (C.R.S. 24-72-703(3)(b)). However, under extenuating circumstances, the record custodian may extend this period to seven working days. Extenuating circumstances should only apply when a custodian is unable to provide access within the standard three-day timeframe.