Colorado Public Record Law

The Colorado Open Records Act (CORA), codified in Colorado Revised Statutes 24-72-200.1 to 24-72-205.5, grants residents and citizens the right to inspect, search, and copy public records held by government entities in the state. The law allows citizens to monitor the actions and decisions of public officials. The CORA serves a similar purpose to the Freedom of Information Act (FOIA), which is dedicated to federal agencies.

Where Do I Submit a Public Record Request in Colorado?

There is no central office for submitting requests for public records in Colorado. Typically, all public records requests are handled individually by each government agency and managed by a designated record custodian. Therefore, to obtain public records, contact the relevant agency that maintains them. Usually, each agency has its own procedure for submitting public records requests. You may visit their official website to access detailed instructions and contact details for submitting public records requests.

How Do I Request Public Records in Colorado?

To request public records in Colorado, follow these steps:

  • Identify the agency that holds the record you need.
  • Prepare a written request. Requests may be submitted via email, fax, mail, or an online form, depending on the agency's preference.
  • Provide identification, if required. Generally, most public records requests do not require ID, but some sensitive records may require proof of identity or authorization.
  • Pay the applicable fees for searching and copying the records. Some agencies may require prepayment if the cost exceeds a certain amount.

Some public records may be available on third-party websites, which provides an alternative way to access commonly requested documents. However, these platforms may not offer the most comprehensive and up-to-date resources to view open records.

What Records are Public in Colorado?

While there are many records accessible to the public, the most commonly requested public records in Colorado include:

  • Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decree. Generally, access to some vital records is restricted to the record holder, immediate family members, authorized legal representatives, or persons with a court order.
  • Property Records: These include deeds, property tax records, land surveys, plats, zoning and land use permits, mortgages, and foreclosure records.
  • Judicial/Court Records: The Colorado trial court system comprises District Courts, County Courts, Water Courts, and Municipal Courts. Court records accessible by the public include civil case files, criminal case files, probate records, and some family court records.
  • Law Enforcement Records: Sex offender records, arrest records, accident reports, criminal history records, incident reports, and inmate records.
  • Government Financial Records: Budget reports, financial audits, contracts, procurement records, and expenditure reports.

Who Can Request Public Records in Colorado?

Under CORA, any person has the right to inspect, copy, or examine public records maintained by government agencies in the state. The term "person" is defined broadly as natural persons, which includes individuals, public employees, and elected or appointed public officials. It also includes legal entities, such as corporations, limited liability companies, partnerships, nonprofits, firms, and associations.

What Is the Response Time for Public Records Requests in Colorado?

Per Section 24-72-203 of CORA, record custodians may respond to public record requests within three business days after receiving the request. However, if the request is extensive or requires significant research, the agency may extend the response time by seven business days. In such cases, the agency may notify the requester of the extension within the initial three-day period.

What Is the Fee Charged for Providing Copies of Public Records?

Record custodians may charge a fee not exceeding $0.25 per standard page for copies of public records. For formats different from standard pages, the fee should not exceed the costs of providing the copy, printout, or photograph. Similarly, state law permits record custodians to impose a fee for research and retrieval of public records. Usually, the first hour of research and retrieval is free. Thereafter, a fee not exceeding $41.37 may be charged per hour.

What Records Are Exempted Under the Colorado Public Law?

While most public records are open to the public, the CORA exempts certain records from disclosure to protect privacy and security. Records exempted under CORA include:

  • Medical and mental health records
  • Trade secrets and confidential business records
  • Law enforcement records, such as records from ongoing investigations that may reveal confidential sources or endanger the individuals involved
  • Test questions and examination data
  • Personnel files
  • Personal information of public school students
  • Library records
  • Appraisals and valuations related to property acquisition for public use
  • Juvenile delinquency records
  • Attorney-client privilege communications