Colorado Public Records

How the Colorado Open Records Act works

The Colorado Open Records Act (CORA), C.R.S. § 24-72-201 and following, says all public records are open for inspection by any person at reasonable times, unless a law says otherwise. A custodian may not ask for identification, except when a record is open only to the person in interest (§ 24-72-203(1)(a); text in C.R.S. Title 24).

Deadline: when records are not ready at once, the custodian sets a time to inspect them, and a reasonable time is presumed to be three working days or less. Under extenuating circumstances, such as a broad request for a large category of records, the custodian can extend by up to seven working days, with a written finding sent within the three days (§ 24-72-203(3)(b)).

Fees: copies cost up to 25 cents per standard page, and there is no per-page fee for digital records (§ 24-72-205(5)(a)). The first hour of research and retrieval is free, and a fee after that is allowed only under a published policy (§ 24-72-205(6)). The maximum hourly fee set by the Legislative Council is $41.37 from July 1, 2024 (General Assembly fee notice).

Appeals: you can ask for a written statement of the grounds for a denial (§ 24-72-204(4)). To go to court, apply to the district court where the record is kept, after giving the custodian written notice at least 14 days before you file; in those 14 days the custodian must meet you or talk by phone to try to settle it (§ 24-72-204(5)(a)).

What you cannot get in Colorado

• Investigation files: a custodian may deny records of investigations by a sheriff, prosecutor or police department, and other law enforcement investigatory files (C.R.S. § 24-72-204(2)(a)(I) and § 24-72-305(5)).
• Most criminal justice records other than records of official actions, such as arrests and charges, are open only at the custodian's discretion (C.R.S. § 24-72-304(1)).
• Personnel files and medical data: the custodian must deny personnel files and medical, mental health and scholastic records on individuals, except to the person in interest (C.R.S. § 24-72-204(3)(a)(I) and (II)).
• Juvenile delinquency court records are open without a court order only to the people the law lists, such as the juvenile, the parents, the attorneys and law enforcement (C.R.S. § 19-1-304(1)(a); text in C.R.S. Title 19).
• Sealed records: the CBI's public criminal history leaves out arrests sealed by court order, juvenile arrests (17 and younger) unless the case was tried in adult court, and traffic arrests under age 16 (CBI Internet Criminal History Check).

Sealing criminal records in Colorado

Colorado clears most adult records by sealing them, under C.R.S. § 24-72-701 to 24-72-711 (text in C.R.S. Title 24). Arrest records of a person arrested by mistaken identity are expunged (§ 24-72-702), and juvenile records are expunged under § 19-1-306.

• Dismissals and acquittals: when a case is completely dismissed, the defendant is acquitted of all counts, or a diversion or deferred judgment is completed with all counts dismissed, the court seals the records on its own motion, with no written motion needed. If it does not, the CBI seals the record when it receives the disposition (§ 24-72-705(1)).
• Arrests with no charges: for arrests on or after January 1, 2022, the CBI seals the arrest record automatically when no charges are filed within one year (§ 24-72-704(2)(a)). A person can also petition the district court (§ 24-72-704(1)(a)).
• Convictions: file a motion in the criminal case, in the court that holds the records, and give notice to the district attorney (§ 24-72-706(1)(a)). Waiting time runs from the later of final disposition or release from supervision: 1 year for petty offenses and civil infractions, 2 years for class 2 and 3 misdemeanors and drug misdemeanors, 3 years for class 4, 5 and 6 felonies, level 3 and 4 drug felonies and class 1 misdemeanors, and 5 years for other eligible offenses (§ 24-72-706(1)(b)). Records cannot be sealed while restitution is owed, and the processing fee is $65 (§ 24-72-706(1)(e) and (h)).
• Not eligible: among others, DUI convictions under § 42-4-1301, offenses based on unlawful sexual behavior, crimes of violence, domestic violence cases and class 1, 2 or 3 felonies (§ 24-72-706(2)(a)).

The Judicial Branch posts the forms: Instructions to Seal Arrest and Criminal Records.

How to get your own Colorado criminal record

The Colorado Bureau of Investigation (CBI) keeps Colorado criminal history: 690 Kipling Street, Lakewood, phone 303-239-4201.

1. For a name-based copy online, use the CBI Internet Criminal History Check. Each search result downloaded costs $6.00, and the result cannot be notarized.
2. For a notarized copy, send the Criminal History Record Information (CHRI) request form from the CBI Fees and Forms page by mail or by email to the Biometric Identification and Records Unit. The fee is $13.00.
3. For a fingerprint-based check, book an appointment with one of the two CBI approved vendors, IdentoGO or Colorado Fingerprinting, through the CBI fingerprint background check page. The vendor charges its own fee on top of the CBI fee.
4. If the record is wrong, send the CBI Record Challenge Information Form from the Fees and Forms page. Colorado law gives the person in interest the right to challenge the accuracy of criminal justice records and ask for a correction (C.R.S. § 24-72-307).

The CBI record covers Colorado only. A personal nationwide record is the FBI Identity History Summary, requested from the FBI.

Colorado record laws to know

• Colorado Open Records Act (C.R.S. § 24-72-201 and following): inspection, deadlines, fees and court review for public records (text).
• Colorado Criminal Justice Records Act (C.R.S. § 24-72-301 to 24-72-309): records of official actions are open to any person (§ 24-72-303), other criminal justice records at the custodian's discretion (§ 24-72-304).
• Record sealing (C.R.S. § 24-72-701 to 24-72-711): sealing of arrests, dismissed cases and convictions.
• Juvenile delinquency records (C.R.S. § 19-1-304): who may see juvenile court and law enforcement records (text).