C.R.S. Section 42-2-121
Records to be kept by department

  • admission of records in court

(1)

The department shall file every completed application for a license received by it and shall maintain suitable indexes containing in alphabetical order:

(a)

All applications denied and on each thereof note the reasons for such denial;

(b)

All applications granted; and

(c)

The name of every licensee whose license has been suspended or revoked by the department and after each such name note the reasons for such action in each case.

(2)

Intentionally left blank —Ed.

(a)

The department shall also file all accident reports, abstracts of court records of convictions received by it under the laws of this state, departmental actions, suspensions, restrictions, revocations, denials, cancellations, reinstatements, and other permanent records and, in connection therewith, maintain a driver’s history by making suitable notations in order that an individual record of each licensee showing the convictions of such licensee, the departmental actions, and the traffic accidents in which the licensee has been involved, except those accidents not resulting in a conviction and those traffic violations which occur outside of the boundaries of this state, shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times.

(b)

The department shall also keep a separate file of all abstracts of court records of dismissals of DUI, DUI per se, DWAI, and UDD charges and all abstracts of records in cases where the original charges were for DUI, DUI per se, DWAI, and UDD and the convictions were for nonalcohol- or nondrug-related traffic offenses. This file shall be made available only to criminal justice agencies, as defined in section 24-72-302 (3), C.R.S.

(c)

Intentionally left blank —Ed.

(I)

The following records and documents filed with, maintained by, or prepared by the department are official records and documents of the state of Colorado:

(A)

Accident reports;

(B)

Abstracts of court records of convictions received by the department under the laws of the state of Colorado;

(C)

Records of and documents relating to departmental actions pertaining to the driving privileges of any person concerning licensing, restrictions, probationary conditions, suspensions, revocations, denials, cancellations, or reinstatements of such driving privileges;

(D)

Records of and documents relating to the status of any person’s privilege to drive a vehicle in the state of Colorado on a specific date or dates;

(E)

Drivers’ histories;

(F)

Records of and documents relating to the identification of persons, including, but not limited to, photographs, fingerprints, handwriting, physical features, physical characteristics, dates of birth, and addresses;

(G)

Records of and documents relating to the ownership, registration, transfer, and licensing of vehicles;

(H)

All other records and documents required by law or rule and regulation to be kept by the department;

(I)

Written summaries and data compilations, if prepared by the department from records and documents filed with, maintained by, or prepared by the department, as defined in sub-subparagraphs (A) to (H) of this subparagraph (I);

(J)

Written guidelines, procedures, policies, and rules and regulations of the department.

(II)

In any trial or hearing, all official records and documents of the state of Colorado, as defined in subparagraph (I) of this paragraph (c), shall be admissible in all municipal, county, and district courts within the state of Colorado without further foundation, shall be statutory exceptions to rule 802 of the Colorado rules of evidence, and shall constitute prima facie proof of the information contained therein, if such record or document is accompanied by a certificate stating that the executive director of the department or the executive director’s appointee has custody of such record or document and is accompanied by and attached to a cover page which:

(A)

Specifies the number of pages, exclusive of such cover page, which constitutes the record or document being submitted; and

(B)

Bears the signature of the executive director of the department or the executive director’s appointee attesting to the genuineness of such record or document; and

(C)

Bears the official seal of the department or a stamped or printed facsimile of such seal.

(III)

For purposes of subparagraph (II) of this paragraph (c), “official records and documents” shall include any mechanically or electronically reproduced copy, photograph, or printout of any record or document or any portion of any record or document filed with, maintained by, or prepared by the department pursuant to this paragraph (c). The department may also permit the electronic transmission of information for direct recording in the department’s records and systems. Information transmitted by an electronic means that is approved by the department constitutes an official record for the purposes of this section whether or not an original source document for such information exists or ever existed.

(III.5)

The certificate and cover page and its contents required by subparagraph (II) of this paragraph (c) may be electronically produced and transmitted. An electronic reproduction of the certificate and cover page, including an electronic signature of the executive director of the department or of the executive director’s appointee and an electronic reproduction of the official seal of the department, shall be admissible in court as provided in subparagraph (II) of this paragraph (c).

(IV)

For purposes of subparagraph (II) of this paragraph (c), a record or document shall not be required to include every page of a record or document filed with, maintained by, or prepared by the department pursuant to this paragraph (c) to be an official record or document, if such official record or document includes all of those portions of such record or document relevant to the trial or hearing for which it is prepared. There shall be a presumption that such official record or document contains all that is relevant to such trial or hearing.

(d)

Notwithstanding the provisions of paragraph (a) of this subsection (2), the department shall not maintain records of convictions of traffic offenses defined in this title for which no points are assessed pursuant to section 42-2-127 (5) other than convictions pursuant to sections 42-2-134, 42-2-138, 42-2-206, and 42-7-422.

(e)

Records or documents filed with, maintained by, or prepared by another state that are equivalent to the records maintained in Colorado under paragraph (a) of this subsection (2) shall be admissible in a trial or hearing in accordance with this section.

(3)

The department seal required under subsection (2) of this section and under section 42-1-205 may also consist of a rubber stamp producing a facsimile of the seal stamped upon the document.

(4)

Intentionally left blank —Ed.

(a)

The department shall place a confidentiality notice on any driver’s license application form under section 42-2-107, driver’s license renewal application under section 42-2-118, duplicate driver’s license application under section 42-2-117, commercial driver’s license application under section 42-2-404, identification card application form under section 42-2-302, motor vehicle title application form under section 42-6-116, or motor vehicle registration application form under section 42-3-113. The department shall indicate in such notice that, unless the person waives his or her confidentiality, the information contained in the person’s motor vehicle or driver record shall not be used for any purpose other than a purpose authorized by law.

(b)

The department shall prepare a confidentiality waiver form and shall provide the form to the designated agents of the department. The department and the designated agents shall make such form available to any person on request. The department and the designated agents shall be the sole distributors of such form. The form shall contain instructions for filing the form with the department.

(I)

to (IV)(Deleted by amendment, L. 2000, p. 1341, § 3, effective May 30, 2000.)(c) Any person executing a waiver under this subsection (4) that information in motor vehicle or driver records may be used for any purpose shall provide the information requested by the department in the confidentiality waiver form and file the form directly with the department. The department shall process such forms and shall notify the designated agents regarding which motor vehicle and driver records are subject to confidentiality waivers.

(d)

A confidentiality waiver expires upon a request by the person to rescind the confidentiality waiver or upon the renewal of the motor vehicle or driver record; except that a confidentiality waiver form filed in connection with a motor vehicle registration application shall remain in force until the motor vehicle is transferred or the person requests that the confidentiality waiver be rescinded.

(e)

The department shall make reasonable efforts to ensure that confidential records are not visible or accessible to the public and shall establish procedures to protect the contents of the records against inadvertent disclosure.

(5)

Intentionally left blank —Ed.

(a)

Upon application by a person, the department shall expunge all records concerning a conviction of a person for UDD with a BAC of at least 0.02 but not more than 0.05 and any records concerning an administrative determination resulting in a revocation under section 42-2-126 (3)(b) or (3)(e) if:

(I)

Such person presents a request for expungement to the department and provides all information required by the department to process such request;

(II)

Such person is over twenty-one years of age and any department action regarding the offense or administrative determination has been concluded;

(III)

The person has not been convicted for any other DUI, DUI per se, DWAI, or UDD offense that was committed while such person was under twenty-one years of age and is not subject to any other administrative determination resulting in a revocation under section 42-2-126 for any other occurrence while such person was under twenty-one years of age;

(IV)

Such person pays the fine and surcharge for such conviction and completes any other requirements of the court with regard to such conviction, including, but not limited to, any order to pay restitution to any party;

(V)

Such person has never held a commercial driver’s license as defined in section 42-2-402; and

(VI)

Such person was not operating a commercial motor vehicle as defined in section 42-2-402.

(b)

Upon receiving a request for expungement, the department may delay consideration of the request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense under section 42-4-1301 committed while the person was under twenty-one years of age and that there is no additional administrative determination resulting in a revocation under section 42-2-126 (3)(b) or (3)(e) for actions taken while the person was under twenty-one years of age.

(6)

The department shall electronically transmit the name, address, telephone number, date of birth, and gender of each individual who has volunteered to donate organs or tissue upon death on an instructional permit, a minor driver’s license, a driver’s license, an identification card, or any other license application received by it to the organ and tissue donor registry authorized in section 15-19-220.

Source: Section 42-2-121 — Records to be kept by department - admission of records in court, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-42.­pdf (accessed Oct. 20, 2023).

42‑2‑101
Licenses for drivers required - penalty - definition 42‑2‑102
Persons exempt from license 42‑2‑103
Motorcycles - autocycles - low-power scooters - driver’s license required 42‑2‑104
Licenses issued - denied 42‑2‑105
Special restrictions on certain drivers 42‑2‑105.5
Restrictions on minor drivers under eighteen years of age - penalties - legislative declaration 42‑2‑106
Instruction permits and temporary licenses 42‑2‑107
Buckner organ and tissue donation awareness fund - legislative declaration - rules - annual report - repeal 42‑2‑108
Application of minors - rules 42‑2‑109
Release from liability 42‑2‑110
Revocation upon death of signer for minor 42‑2‑111
Examination of applicants and drivers - when required 42‑2‑112
Medical advice - use by department - provider immunity 42‑2‑113
License examiners appointed 42‑2‑114
License issued - voluntary disability identifier symbol - fees - rules - report - definitions 42‑2‑114.5
Fees for drivers’ licenses, identification cards, and related services - crediting to DRIVES account - fee setting procedures - rules - repeal 42‑2‑115
License, permit, or identification card to be exhibited on demand - penalty 42‑2‑116
Restricted license 42‑2‑117
Duplicate permits and minor licenses - replacement licenses 42‑2‑118
Buckner organ and tissue donation awareness fund - rules - report - repeal 42‑2‑118.1
Driver restoration and payment incentive program 42‑2‑119
Notices - change of address or name 42‑2‑120
Methods of service 42‑2‑121
Records to be kept by department - admission of records in court 42‑2‑121.5
Emergency contact information - website form - license application - driver’s license database 42‑2‑122
Department may cancel license - limited license for physical or mental limitations - rules 42‑2‑123
Suspending privileges of nonresidents and reporting convictions 42‑2‑124
When court to report convictions 42‑2‑125
Mandatory revocation of license and permit 42‑2‑126
Revocation of license based on administrative determination 42‑2‑126.5
Revocation of license based on administrative actions taken under tribal law - repeal 42‑2‑127
Authority to suspend license - to deny license - type of conviction - points 42‑2‑127.5
Authority to suspend license - violation of child support order 42‑2‑127.7
Authority to suspend driver’s license - uninsured motorists - legislative declaration 42‑2‑127.9
Authority to suspend driver’s license - leaving the scene of an accident 42‑2‑128
Vehicular homicide - revocation of license 42‑2‑129
Mandatory surrender of license or permit for driving under the influence or with excessive alcoholic content 42‑2‑132
Period of suspension or revocation 42‑2‑132.5
Mandatory and voluntary restricted licenses following alcohol convictions - rules 42‑2‑133
Surrender and return of license 42‑2‑134
Foreign license invalid during suspension 42‑2‑135
Right to appeal 42‑2‑136
Unlawful possession or use of license 42‑2‑137
False affidavit - penalty 42‑2‑138
Driving under restraint - penalty - definitions 42‑2‑139
Permitting unauthorized minor to drive 42‑2‑140
Permitting unauthorized person to drive 42‑2‑141
Renting or loaning a motor vehicle to another 42‑2‑142
Violation - penalty 42‑2‑143
Legislative declaration 42‑2‑144
Reporting by certified level II alcohol and drug education and treatment program providers - notice of administrative remedies against a driver’s license - rules 42‑2‑201
Legislative declaration concerning habitual offenders of motor vehicle laws 42‑2‑202
Habitual offenders - frequency and type of violations 42‑2‑203
Authority to revoke license of habitual offender 42‑2‑204
Appeals 42‑2‑205
Prohibition 42‑2‑206
Driving after revocation prohibited 42‑2‑207
No existing law modified 42‑2‑208
Computation of number of convictions 42‑2‑301
Definitions 42‑2‑302
Department may or shall issue - limitations - rules 42‑2‑303
Contents of identification card - disability identifier symbol - rules - definition 42‑2‑304
Validity of identification card - rules 42‑2‑305
Lost, stolen, or destroyed cards 42‑2‑306
Fees - disposition 42‑2‑307
Change of address - penalty 42‑2‑308
No liability on public entity 42‑2‑309
Unlawful acts 42‑2‑310
Violation 42‑2‑313
Department consult with counties on county jail identification processing unit 42‑2‑401
Short title 42‑2‑402
Definitions 42‑2‑403
Department authority - rules - federal requirements 42‑2‑404
Commercial driver’s license - limitations - rules 42‑2‑405
Driver’s license disciplinary actions - grounds for denial - suspension - revocation - disqualification 42‑2‑405.5
Violations of out-of-service order 42‑2‑406
Fees - rules 42‑2‑407
Licensing of testing units and driving testers - hearings - regulations 42‑2‑408
Unlawful acts - penalty 42‑2‑409
Unlawful possession or use of a commercial driver’s license 42‑2‑501
Short title 42‑2‑502
Legislative declaration 42‑2‑503
Definitions 42‑2‑504
Applicability 42‑2‑505
Identification documents - individuals not lawfully present - rules 42‑2‑506
Identification documents - individuals temporarily lawfully present 42‑2‑507
Taxpayer identification number - confidentiality 42‑2‑508
Fees - operations - rule 42‑2‑509
Renewal - duplicate - replacement - rules 42‑2‑510
Peace officers - arrest authority 42‑2‑511
Driving test - third-party option - definition 42‑2‑601
Definitions 42‑2‑602
Equipment of vehicles 42‑2‑603
Rules 42‑2‑604
Violations - penalty
Green check means up to date. Up to date

Current through Fall 2024

§ 42-2-121’s source at colorado​.gov