Are Denver County Records Public?

Yes, Denver County records are considered public information. Under the Colorado Open Records Act or "CORA" (C.R.S. §§ 24-72-200.1 through 205), the people have the right to observe the activities of their government, which enables effective participation in government.

CORA, enacted in 1968 by the state legislature, establishes a legal right of access and facilitates the broad dissemination of public records—all writings made, received, or maintained in relation to a local or state governmental entity's official business or public purpose.

Notwithstanding, CORA only regulates public access to non-criminal justice records. Moreover, CORA does not apply to judicial administrative records like Denver County court records (governed by a set of rules adopted by the Colorado Supreme Court) and federal government records (governed by the Federal Freedom of Information Act).

A different law passed in 1977, known as the Colorado Criminal Justice Records Act or "CCJRA" (C.R.S. §§ 24-72-301 through 309), covers access to criminal justice records.

"Criminal justice records" comprise all documentary materials, such as books, papers, recordings, tapes, and photographs, maintained by criminal justice agencies. C.R.S. § 24-72-302(3) defines criminal justice agencies to include the Colorado Department of Corrections, Colorado Bureau of Investigation, district attorney's offices, sheriff’s offices, municipal police departments, and courts with criminal jurisdiction.

Unlike CORA, the CCJRA's scope of access is more limited. Only a subset of criminal justice records are publicly available per the CCJRA, and official custodians can withhold most records if dissemination is contrary to the public interest or if a law, court rule, or court order demands it.

What is Exempted Under the Colorado Public Records Act?

The general public is granted access to most governmental (public) records under CORA and other applicable laws or regulations. However, this access is not absolute, as several exemptions apply.

According to the Colorado Open Records Act (§ 24-72-204), entire records or parts of records may be withheld if:

• Disclosure would be contrary to any state statute or federal statute/regulation.
• Disclosure is prohibited by court rule or order.
• Disclosure would be against any joint rule of the Senate and the House of Representatives regarding lobbying practices.
• Disclosure would be against the public interest.

Altogether, CORA's exemptions are broadly categorized as either discretionary or mandatory.

C.R.S. § 24-72-204(2)(a) lists records subject to discretionary exemptions (i.e., where privacy interests outweigh public interests), such as:

• Real estate appraisals until title transfer
• Investigatory, intelligence, and security files
• Test questions on licensing, employment, or academic exams
• Identifying data in motor vehicle license records
• Email addresses, telephone numbers, or home addresses furnished to a government department

Conversely, § 24-72-204(3)(a) identifies mandatory exemptions (i.e., where a law or regulation prohibits access), including:

• Personnel files
• Medical, mental health, and other similar records
• Letters of reference
• Phone numbers and addresses of public school children
• Records of sexual harassment complaints and investigations
• Marriage and civil union license applications

Notably, CORA does not include or mention all exemptions to public access. The question of whether records of certain governmental entities are open or confidential in Denver sometimes lies in case law, not any particular statute. Further, some exemptions may be indicated in another state law—like the CCJRA—and a specific federal law may impose confidentiality on a Denver County public record, notwithstanding any Colorado state law or rule.

The best approach for determining if a Denver County record is exempt is to read the law. However, individuals can still submit public record requests to government departments. Under CORA, public agencies are directed to present a legal basis or reasoning for any record refusal. Of course, the law also allows individuals to challenge such decisions in court, as explained later.

Denver County Public Record Search

The process for conducting a public records search in Denver County is reasonably straightforward. Individuals should first determine which part or branch of government has the sought-after record(s), as each agency maintains its own files.

An easy way to determine the appropriate agency custodian is to check their official website for a listing or index or contact the office for information. Individuals can also check out the Denver County government's Records web page for several resources that can help one locate or request records from local custodians.

It is advised that each public record search request made to a Denver County agency be in writing, containing as much information about the record as is known. This allows for clear and specific requests, quick follow-ups (if needed), and the inspection of documents within a reasonable time. Nonetheless, individuals can still make oral requests, and several agencies provide searchable internet databases to facilitate faster access to public records.

CORA permits free record inspections. However, official custodians can charge reasonable fees to produce a copy, printout, or photograph of a record, except a fee waiver applies. Fees may be waived if a record's intended use relates to a public purpose, such as academic research.

Per C.R.S. § 24-72-205(5)(a), the copy fee is 25 cents per standard-sized page or the actual cost for a non-standard-sized page. No fee is charged to receive records in a digital or electronic format. Custodians can also assess a fee not exceeding $41.37 per hour (as of July 1, 2024) to research, retrieve, or compile records, with the first hour being free of charge (C.R.S. § 24-72-205(6)).

Find Public Records For Free in Denver County

Individuals can access Denver County public records at no cost on third-party databases. One significant advantage of a third-party aggregator website (or database) is that the user may see records from other counties or states, enabling a more expansive search than if one went to a specific public department.

Nevertheless, there are innate limitations to utilizing third-party websites. Data accuracy or completeness, for example, cannot be guaranteed, as these sites are not operated by official government custodians. Moreover, confidential documents or files are not retrievable through such sources, and a fee or subscription may apply to receive detailed information.

How to Remove Information From Public Records Free

The public has the legal right to access public records kept in Denver County, except if an exemption applies. As a result, removing, sealing, or otherwise concealing a public record from public view is not possible unless the record is exempt.

However, agency record custodians may be contacted to remove confidential information if it appears in a publicly accessible record. Application guidelines can be obtained from the respective agency.

Who Can Access Denver County Public Records in Colorado?

The Colorado Open Records Act allows "any person" to inspect or copy Denver County public records, regardless of nationality, residency, or intended use. "Person," as defined by the Act, means a natural person or a corporation, partnership, limited liability company, firm, or association.

What Happens if I Am Refused a Public Records Request?

A public records request may be refused in Denver County if the requested information is exempt by law, the information does not exist, or for any other justifiable reason.

Nonetheless, a person has the right to demand a written statement from any public agency that denies their request, which must explain the rationale behind the denial and cite the applicable statutory exemption(s).

Subsequently, the requester can:

• Ask for a redacted copy of the record (if the record has both open and confidential data)
• Present persuading arguments to the records custodian
• File a civil action in the district court under C.R.S. § 24-72-204(5)(a)—often as a last resort. The presiding district court is the one located closest to where the records are maintained.

Colorado law requires a written notice of intent to sue to be delivered to the agency custodian 14 days before filing any petition in court. In those 14 days, the aggrieved party and custodian may employ any agreeable method of dispute resolution to solve the matter outside of the court.

However, if the action proceeds to court and the court determines the denial to be unlawful, the court will direct the custodian to permit inspection. After the lawsuit, the prevailing side will receive court costs and reasonable attorney fees. However, the agency custodian can only receive those fees if the court determines that the suit was "frivolous, vexatious, or groundless". (C.R.S. § 24-72-204(5)(b)).