Are El Paso County Records Public?

El Paso County records are regarded as public records per state and local regulations, including the Colorado Open Records Act (CORA). The Colorado Open Records Act C.R.S. § 24-72-201 provides that all public records from every government agency in Colorado are open for inspection unless a record has been specifically made confidential by law or judicial order. Similarly, public records from federal organizations in El Paso County are public records per the Federal Freedom of Information Act (FOIA).

According to the Colorado Open Records Act, public record custodians must take the necessary steps to help the public find any specific records they seek and aid access to them without undue delay or expense. Record custodians make these records available by supplying portable disk copies of computer files, providing viewing stations for public documents stored on microfilm, or providing direct electronic access through online bulletin boards or other channels. Public records typically include El Paso County court records, criminal information, crime statistics, vital records, property records, and related documents.

What is Exempted Under the Colorado Public Records Act?

The Colorado Public Records Act ensures transparency in government bodies' duties. Citizens can access records for different purposes, including historical research, lawsuits, and academics. However, specific data and documents are protected from public access because they contain personal information. Exemptions under the Colorado Public Records Act ensure that confidential and personal information that is part of public records remains undisclosed. Additionally, some exemptions are established because revealing certain information will undermine the integrity of an organization and restrict its capacity to carry out its duties.

Under the Colorado Public Records Act, 3 types of exempted records exist:

• Redacted information: This is personal information removed from a public document. An example is social security numbers(SSN)
• Privileged information: privileged information is documented and can only be requested by persons named in the document. Examples are attorney-client documents.
• Completely confidential records- An example is documents revealing trade secrets.

Below are some examples of records exempt under the CORA:

• Records of sexual harassment complaints and investigations.
• Trade secret and proprietary information documents.
• Juror records.
• Parts of documents that disclose private information about a crime victim.
• Confidential commercial and financial information.
• Medical and mental health data on individual persons.

Finally, regardless of state laws like the Colorado Open Records Act, a specific federal law occasionally determines whether a given public record is confidential. The impact of federal law must be assessed in light of a particular public records request.

El Paso County Public Record Search

In general, to perform an El Paso County public records search, individuals must locate the agency or government body that is the "designated records custodian" of the documents they are interested in. Every agency has records, and one of its employees serves as the "official custodian" of these records. In most cases, the agency's administrator is most likely the official custodian. The official custodian is also in charge of responding to record requests. In El Paso County, for instance, the county court clerk is responsible for maintaining court records, and the sheriff's office is the official custodian of law enforcement records.

The majority of agencies require written requests to view records. The request should be as precise and unambiguous as feasible. Written requests ensure that the agency knows what the requester wants to view. If an issue develops, the person may also provide proof that they made the request. Although it is not required by law (unless an agency rule specifies otherwise), requesting records by writing is always a good idea.

When submitting a request for records, individuals need to keep the following points in mind:

• Agencies can charge for record copies and typically do. According to the Open Records Act, the fee must be "reasonable" and cannot exceed $1.25 per page unless the actual cost is higher.
• If the custodian cannot do so immediately, they have three working days to make the record accessible to requesters. Under the Open Records Act, the custodian must notify the requester and provide them with an extra seven working days to make the information public if the request is so big that the agency cannot reply in three days.

Find Public Records For Free in El Paso County

In El Paso County, record seekers may obtain records for free by asking for fee exemptions when they want access to public records. Record custodians may waive fees if the requested documents are to be used for a public purpose, including academic research, journalism, or nonprofit endeavors. However, fee exemptions are at the discretion of the custodian.

Citizens can obtain public records for free in El Paso County through third-party websites. Private entities create third-party websites by collecting data from different sources and hosting them online. Some third-party websites provide access to public records as part of a more extensive public access service; hence, they can allow persons to access these platforms for free. Others are curated as a pay-per-use service where individuals can search for records for a one-time fee or a monthly/yearly subscription fee. Third-party websites are often used because they allow individuals to search for documents from anywhere in the world without visiting the records custodians' physical location.

However, because third-party data may contain errors or missing information, individuals need to double-check any information they receive.

How to Remove Information From Public Records Free

To remove information from public records for free, individuals must write to the record custodian and request it. The request should be drafted with the help of a lawyer, and legislative evidence should be provided on why the information or document should be removed from public access. If the request is successful, the record's primary custodian will begin removing the record from public access while informing custodians to decline any request for the records. If the record custodian refuses to remove the records from public access, individuals must obtain a court order to force the custodian to do so. This can be done by filing a civil suit at the El Paso County district court.

Who Can Access El Paso County Public Records in Colorado?

In Colorado, anyone can seek public records. As per Colorado Revised Statutes 24-72-201, the state's public policy is for all public records to be accessible to anybody at reasonable hours for review. There is no requirement or prior eligibility to view these records. However, a person under investigation for a serious crime such as terrorism can be denied access to public records in El Paso. If it is shown that the requester would utilize the documents for an action that compromises public safety, the request may also be refused by the records custodian.

What Happens if I Am Refused a Public Records Request?

El Paso County record custodians are legally obligated to grant requests for public documents as a first resort. Agencies may, however, decide to reject a request for several reasons, such as:

• Requests may be refused if the custodian determines that the information provided during the request is insufficient and cannot be used to conduct a proper records search.
• If the search fee is not paid or when the fee paid does not equate to the value of the records to be provided.
• The record request may be refused if made through the wrong unit or custodian.

According to CORA, If a requester is denied access to records, they have the right to request a written statement from the custodian outlining their reasoning. The requester must be informed of the legal justification for the custodian's decision in the letter.

The requester may then write to the custodian to challenge the reasoning behind the decision. The custodian may reconsider if the arguments are compelling from a legal standpoint. Suppose a person is denied access to records they feel should be available. In that case, they can also launch a civil action to petition a court to determine whether the custodian's decision was incorrect.