C.R.S. Section 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)

Intentionally left blank —Ed.

(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: Section 24-72-305.5 — Access to records - denial by custodian - use of records to obtain information for solicitation - definitions, 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

§ 24-72-305.5’s source at colorado​.gov