C.R.S. Section 24-72-305
Allowance or denial of inspection

  • grounds
  • procedure
  • appeal

(1)

The custodian of criminal justice records may allow any person to inspect such records or any portion thereof except on the basis of any one of the following grounds or as provided in subsection (5) of this section:

(a)

Such inspection would be contrary to any state statute;

(b)

Such inspection is prohibited by rules promulgated by the supreme court or by the order of any court.

(1.5)

On the ground that disclosure would be contrary to the public interest, the custodian of criminal justice records shall deny access to the results of chemical biological substance testing to determine the genetic markers conducted pursuant to sections 16-11-102.4 and 16-23-104, C.R.S.

(2)

to (4) Repealed.

(5)

On the ground that disclosure would be contrary to the public interest, and unless otherwise provided by law, including as required by section 24-72-303 (4), the custodian may deny access to records of investigations conducted by or of intelligence information or security procedures of any sheriff, district attorney, or police department or any criminal justice investigatory files compiled for any other law enforcement purpose.

(6)

If the custodian denies access to any criminal justice record, the applicant may request a written statement of the grounds for the denial, which statement shall be provided to the applicant within seventy-two hours, shall cite the law or regulation under which access is denied or the general nature of the public interest to be protected by the denial, and shall be furnished forthwith to the applicant.

(7)

Any person denied access to inspect any criminal justice record covered by this part 3 may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why said custodian should not permit the inspection of such record. A hearing on such application shall be held at the earliest practical time. Unless the court finds that the denial of inspection was proper, it shall order the custodian to permit such inspection and, upon a finding that the denial was arbitrary or capricious, it may order the custodian to pay the applicant’s court costs and attorney fees in an amount to be determined by the court. Upon a finding that the denial of inspection of a record of an official action was arbitrary or capricious, the court may also order the custodian personally to pay to the applicant a penalty in an amount not to exceed twenty-five dollars for each day that access was improperly denied.

(8)

The allowance or denial of the right to inspect criminal justice records that contain specialized details of security arrangements or investigations shall be governed by section 24-72-204 (2)(a)(VIII).

Source: Section 24-72-305 — Allowance or denial of inspection - grounds - procedure - appeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑72‑101
Records destroyed - certified copies rerecorded 24‑72‑102
District court to restore destroyed records 24‑72‑103
Costs and expenses of proceeding 24‑72‑104
Purchase abstracts 24‑72‑105
Abstract books part of records - evidence 24‑72‑106
Abstract books - use - presumptions 24‑72‑107
Abstract books, when notice 24‑72‑108
Jurisdiction of courts to make inquiry 24‑72‑109
Special commissioners - fees 24‑72‑110
Evidence admissible, when - charges 24‑72‑111
Originals destroyed, prior abstracts as evidence 24‑72‑112
Public records free to servicemen 24‑72‑113
Limit on retention of passive surveillance records - definition 24‑72‑200.1
Short title 24‑72‑201
Legislative declaration 24‑72‑202
Definitions 24‑72‑203
Public records open to inspection 24‑72‑204
Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal 24‑72‑204.5
Adoption of electronic mail policy 24‑72‑205
Copy, printout, or photograph of a public record - imposition of research and retrieval fee 24‑72‑205.5
Public inspection of ballots - stay period - recounts - rules governing public inspection of ballots - legislative declaration - definitions 24‑72‑301
Legislative declaration 24‑72‑302
Definitions 24‑72‑303
Records of official actions required - open to inspection - applicability 24‑72‑304
Inspection of criminal justice records 24‑72‑305
Allowance or denial of inspection - grounds - procedure - appeal 24‑72‑305.3
Private access to criminal history records of volunteers and employees of charitable organizations 24‑72‑305.4
Governmental access to criminal history records of applicants in regulated professions or occupations 24‑72‑305.5
Access to records - denial by custodian - use of records to obtain information for solicitation - definitions 24‑72‑305.6
County clerk and recorder access to criminal history records of election judges and employees - rules 24‑72‑306
Copies, printouts, or photographs of criminal justice records - fees authorized 24‑72‑307
Challenge to accuracy and completeness - appeals 24‑72‑309
Violation - penalty 24‑72‑501
Definitions 24‑72‑502
Creation of a privacy policy for governmental entities 24‑72‑601
Definitions 24‑72‑602
Access to personal medical information prohibited - exceptions 24‑72‑701
Definitions 24‑72‑702
Expungement of arrest records in case of mistaken identity - definitions 24‑72‑703
Sealing of records - general provisions - order applicability - discovery and advisements 24‑72‑704
Sealing of arrest records when no charges filed - automatic sealing 24‑72‑705
Sealing criminal justice records other than convictions - simplified process - applicability 24‑72‑706
Sealing of criminal conviction and criminal justice records - processing fee 24‑72‑707
Sealing of criminal conviction records information for offenses committed by victims of human trafficking 24‑72‑708
Sealing of criminal conviction records information for municipal offenses for convictions 24‑72‑709
Sealing of criminal conviction records information for multiple conviction records 24‑72‑710
Sealing of criminal conviction records information for offenses that receive a full and unconditional pardon
Green check means up to date. Up to date

Current through Fall 2024

§ 24-72-305’s source at colorado​.gov