As used in this part 3, unless the context otherwise requires:
(1) "Arrest and criminal records information" means information reporting the arrest,
indictment, or other formal filing of criminal charges against a person; the identity of the
criminal justice agency taking such official action relative to an accused person; the date and
place that such official action was taken relative to an accused person; the name, birth date, last-
known address, and sex of an accused person; the nature of the charges brought or the offenses
alleged against an accused person; and one or more dispositions relating to the charges brought
against an accused person.
(2) "Basic identification information" means the name, place and date of birth, last-
known address, social security number, occupation and address of employment, physical
description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any
person.
(3) "Criminal justice agency" means any court with criminal jurisdiction and any agency
of the state, including but not limited to the department of education, or any agency of any
county, city and county, home rule city and county, home rule city or county, city, town,
territorial charter city, governing boards of institutions of higher education, school district,
special district, judicial district, or law enforcement authority that performs any activity directly
relating to the detection or investigation of crime; the apprehension, pretrial release, posttrial
release, prosecution, correctional supervision, rehabilitation, evaluation, or treatment of accused
persons or criminal offenders; or criminal identification activities or the collection, storage, or
dissemination of arrest and criminal records information.
(4) "Criminal justice records" means all books, papers, cards, photographs, tapes,
recordings, or other documentary materials, regardless of form or characteristics, that are made,
maintained, or kept by any criminal justice agency in the state for use in the exercise of functions
required or authorized by law or administrative rule, including but not limited to the results of
chemical biological substance testing to determine genetic markers conducted pursuant to
sections 16-11-102.4 and 16-23-104, C.R.S.
(5) "Custodian" means the official custodian or any authorized person having personal
custody and control of the criminal justice records in question.
(6) "Disposition" means a decision not to file criminal charges after arrest; the
conclusion of criminal proceedings, including conviction, acquittal, or acquittal by reason of
insanity; the dismissal, abandonment, or indefinite postponement of criminal proceedings;
formal diversion from prosecution; sentencing, correctional supervision, and release from
correctional supervision, including terms and conditions thereof; outcome of appellate review of
criminal proceedings; or executive clemency.
(7) "Official action" means an arrest; indictment; charging by information; disposition;
pretrial or posttrial release from custody; judicial determination of mental or physical condition;
decision to grant, order, or terminate probation, parole, or participation in correctional or
rehabilitative programs; and any decision to formally discipline, reclassify, or relocate any
person under criminal sentence.
(8) "Official custodian" means any officer or employee of the state or any agency,
institution, or political subdivision thereof who is responsible for the maintenance, care, and
keeping of criminal justice records, regardless of whether such records are in his actual personal
custody and control.
(9) "Person" means any natural person, corporation, limited liability company,
partnership, firm, or association.
(10) "Person in interest" means the person who is the primary subject of a criminal
justice record or any representative designated by said person by power of attorney or notarized
authorization; except that, if the subject of the record is under legal disability, "person in
interest" means and includes his parents or duly appointed legal representative.
(11) "Private custodian" means a private entity that has custody of the criminal justice
records in question and is in the business of providing the information to others.
Source: L. 77: Entire part added, p. 1244, § 1, effective December 31. L. 81: (3)
amended, p. 1238, § 1, effective June 4. L. 88: (2) amended, p. 979, § 2, effective April 20. L.
89: (2) amended, p. 845, § 114, effective July 1. L. 90: (9) amended, p. 449, § 22, effective April
18. L. 98: (2) amended, p. 947, § 6, effective May 27. L. 99: (4) amended, p. 1170, § 5, effective
July 1. L. 2000: (4) amended, p. 1266, § 5, effective May 26; (4) amended, p. 1027, § 7,
effective July 1. L. 2002: (4) amended, p. 1023, § 43, effective June 1; (4) amended, p. 1155, §
15, effective July 1. L. 2006: (4) amended, p. 1692, § 15, effective July 1, 2007. L. 2007: (4)
amended, p. 2040, § 60, effective June 1. L. 2008: (3) amended, p. 1668, § 13, effective May 29.
L. 2009: (4) amended, (SB 09-241), ch. 295, p. 1577, § 2, effective September 30, 2010. L.
2010: (4) amended, (HB 10-1422), ch. 419, p. 2087, § 76, effective August 11. L. 2011: (11)
added, (HB 11-1203), ch. 72, p. 199, § 1, effective August 10.
Editor's note: (1) Amendments to subsection (4) by House Bill 00-1166 and Senate Bill
00-121 were harmonized.
(2) Amendments to subsection (4) by Senate Bill 02-159 and Senate Bill 02-019 were
harmonized.
Notes of Decisions
Freedom Colorado Info., Inc. v. El Paso Cnty. Sheriff's Dep't, 196 P.3d 892 (Colo. 2008).
· cites it 18× “Judge Miller correctly observed that section 24-72-302, C.R.S. (2008), of the CCJRA limits "official action[s]" to documents directly relating to and incidental to the arrest, prosecution and sentence of individuals who are defendants in the criminal justice system.”
Harris v. Denver Post Corp., 123 P.3d 1166 (Colo. 2005).
· cites it 7× “1, § 24-72-302, 1977 Colo. Sess. Laws 1244 , 1245, and excluded those records from the statutory definition of CORA public records, ch.”
People v. D.K.B., 843 P.2d 1326 (Colo. 1993).
· cites it 4× “information reporting the arrest, indictment, or other formal filing of criminal charges against a person; the identity of the criminal justice agency taking such official action relative to an accused person; the date and place that such official action was taken relative to an…”
Brown v. Whitman, 651 F. Supp. 2d 1216 (D. Colo. 2009).
· cites it 4× “§ 24-72-302(3). The Denver Police Department, from which Ms.”
Johnson v. Colorado Dep't of Corr., 972 P.2d 692 (Colo. Ct. App. 1998).
· cites it 8× “” See § 24-72-302(3), C.R.S.1997. Contrary to plaintiffs argument, we agree with the trial court that the investigative records at issue are properly classified as “criminal justice records” under § 24-72-302(4) because they were made and maintained in the exercise of an…”
People v. Chamberlin, 74 P.3d 489 (Colo. Ct. App. 2003).
· cites it 2× “Moreover, we perceive no affirmative basis for sealing under any of the definitional provisions of § 24-72-302, C.R.S.2002, because the eligibility requirements for sealing of records are set forth in and limited by the plain language of § Contrary to defendant's further…”
E.J.R. v. Dist. Court, Cnty. of Boulder, 892 P.2d 222 (Colo. 1995).
· cites it 2× “§ 24-72-302(6) & (7), 10B C.R.S. (1988). We have explained that any privacy right a convicted person may have in records of criminal proceedings stems solely from statutory enactments that limit access to otherwise public information.”
Al-Turki v. Dep't of Just., 175 F. Supp. 3d 1153 (D. Colo. 2016).
“As Defendant points out in its Reply Brief, Plaintiffs argument centers on a handful of e-mails between federal government employees obtained from the state through a request under the Colorado Criminal Justice Records Act [“CCJRA”], Colo.”
People v. Thompson, 181 P.3d 1143 (Colo. 2008).
“See § 24-72-302(4). Thus, criminal justice records include: [All books, papers, cards, photographs, tapes, recordings, or other documentary materials, regardless of form or characteristics, that are made, maintained, or kept by any criminal justice agency in the state for use in…”
People v. Young, 412 P.3d 676 (Colo. Ct. App. 2014).
· cites it 2× “¶ 19 At a hearing in October 2006 before a different judge (second postconviction court), the prosecution argued that defendant had not met the actual innocence requirement of section 18-1-413, and asserted that the underwear did not qualify as a "criminal justice record" under…”
— Colo. Rev. Stat. § 24-72-302(1) — 2 cases
People v. D.K.B., 843 P.2d 1326 (Colo. 1993).
“information reporting the arrest, indictment, or other formal filing of criminal charges against a person; the identity of the criminal justice agency taking such official action relative to an accused person; the date and place that such official action was taken relative to an…”
— Colo. Rev. Stat. § 24-72-302(10) — 1 case
People v. D.K.B., 843 P.2d 1326 (Colo. 1993).
“information reporting the arrest, indictment, or other formal filing of criminal charges against a person; the identity of the criminal justice agency taking such official action relative to an accused person; the date and place that such official action was taken relative to an…”
— Colo. Rev. Stat. § 24-72-302(3) — 9 cases
Harris v. Denver Post Corp., 123 P.3d 1166 (Colo. 2005).
“1, § 24-72-302, 1977 Colo. Sess. Laws 1244 , 1245, and excluded those records from the statutory definition of CORA public records, ch.”
Brown v. Whitman, 651 F. Supp. 2d 1216 (D. Colo. 2009).
“§ 24-72-302(3). The Denver Police Department, from which Ms.”
Johnson v. Colorado Dep't of Corr., 972 P.2d 692 (Colo. Ct. App. 1998).
“” See § 24-72-302(3), C.R.S.1997. Contrary to plaintiffs argument, we agree with the trial court that the investigative records at issue are properly classified as “criminal justice records” under § 24-72-302(4) because they were made and maintained in the exercise of an…”
— Colo. Rev. Stat. § 24-72-302(4) — 13 cases
Freedom Colorado Info., Inc. v. El Paso Cnty. Sheriff's Dep't, 196 P.3d 892 (Colo. 2008).
“Judge Miller correctly observed that section 24-72-302, C.R.S. (2008), of the CCJRA limits "official action[s]" to documents directly relating to and incidental to the arrest, prosecution and sentence of individuals who are defendants in the criminal justice system.”
Harris v. Denver Post Corp., 123 P.3d 1166 (Colo. 2005).
“1, § 24-72-302, 1977 Colo. Sess. Laws 1244 , 1245, and excluded those records from the statutory definition of CORA public records, ch.”
Johnson v. Colorado Dep't of Corr., 972 P.2d 692 (Colo. Ct. App. 1998).
“” See § 24-72-302(3), C.R.S.1997. Contrary to plaintiffs argument, we agree with the trial court that the investigative records at issue are properly classified as “criminal justice records” under § 24-72-302(4) because they were made and maintained in the exercise of an…”
Al-Turki v. Dep't of Just., 175 F. Supp. 3d 1153 (D. Colo. 2016).
“As Defendant points out in its Reply Brief, Plaintiffs argument centers on a handful of e-mails between federal government employees obtained from the state through a request under the Colorado Criminal Justice Records Act [“CCJRA”], Colo.”
— Colo. Rev. Stat. § 24-72-302(5) — 2 cases
In Re Tlm, 39 P.3d 1239 (Colo. Ct. App. 2001).
— Colo. Rev. Stat. § 24-72-302(6) — 4 cases
E.J.R. v. Dist. Court, Cnty. of Boulder, 892 P.2d 222 (Colo. 1995).
“§ 24-72-302(6) & (7), 10B C.R.S. (1988). We have explained that any privacy right a convicted person may have in records of criminal proceedings stems solely from statutory enactments that limit access to otherwise public information.”
— Colo. Rev. Stat. § 24-72-302(7) — 6 cases
Freedom Colorado Info., Inc. v. El Paso Cnty. Sheriff's Dep't, 196 P.3d 892 (Colo. 2008).
“Judge Miller correctly observed that section 24-72-302, C.R.S. (2008), of the CCJRA limits "official action[s]" to documents directly relating to and incidental to the arrest, prosecution and sentence of individuals who are defendants in the criminal justice system.”
Brown v. Whitman, 651 F. Supp. 2d 1216 (D. Colo. 2009).
“§ 24-72-302(3). The Denver Police Department, from which Ms.”
Johnson v. Colorado Dep't of Corr., 972 P.2d 692 (Colo. Ct. App. 1998).
“” See § 24-72-302(3), C.R.S.1997. Contrary to plaintiffs argument, we agree with the trial court that the investigative records at issue are properly classified as “criminal justice records” under § 24-72-302(4) because they were made and maintained in the exercise of an…”
— Colo. Rev. Stat. § 24-72-302(8) — 2 cases
Harris v. Denver Post Corp., 123 P.3d 1166 (Colo. 2005).
“1, § 24-72-302, 1977 Colo. Sess. Laws 1244 , 1245, and excluded those records from the statutory definition of CORA public records, ch.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.