Colo. Rev. Stat. § 42-2-121 (2026)

(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) (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) (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) (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) (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: L. 94: Entire title amended with relocations, p. 2128, § 1, effective January 1, 1995. L. 96: (2)(c)(III) amended, p. 637, § 1, effective May 1. L. 97: (5) added, p. 1459, § 1, effective July 1; (4) added, p. 1052, § 4, effective September 1. L. 98: IP(5)(a) and (5)(a)(III) amended, p. 173, § 1, effective April 6. L. 2000: (4) amended, p. 1341, § 3, effective May 30;

(6) added, p. 732, § 12, effective July 1. L. 2001: (4)(a) amended, p. 1283, § 66, effective June 5. L. 2004: (2)(c)(III.5) added, p. 1379, § 5, effective July 1. L. 2005: (2)(e) added, p. 646, § 12, effective May 27; (4)(a) amended, p. 1173, § 7, effective August 8. L. 2007: (6) amended, p. 800, § 12, effective July 1. L. 2008: (2)(b), IP(5)(a), (5)(a)(III), and (5)(b) amended, p. 244, § 5, effective July 1; IP(5)(a) amended and (5)(a)(V) and (5)(a)(VI) added, p. 474, § 4, effective July 1. L. 2013: (2)(b) and (5)(a)(III) amended, (HB 13-1325), ch. 331, p. 1879, § 5, effective May 28. L. 2017: (4)(e) added, (SB 17-286), ch. 388, p. 2007, § 2, effective August 9; (6) amended, (SB 17-223), ch. 158, p. 565, § 20, effective August 9.

Editor's note: (1) This section is similar to former § 42-2-118 as it existed prior to 1994, and the former § 42-2-121 was relocated to § 42-2-124.

(2) Amendments to the introductory portion to subsection (5)(a) by House Bill 08-1121 and House Bill 08-1166 were harmonized.

Cross references: For the legislative declaration contained in the 1997 act enacting subsection (4), see section 1 of chapter 201, Session Laws of Colorado 1997.

42-2-121.5. Emergency contact information - website form - license application - driver's license database. (1) (a) No later than January 1, 2009, the department shall create and make available on its official website an electronic form that allows a person with a driver's license, minor driver's license, instruction permit, or temporary driver's license issued pursuant to this part 1 or an identification card issued pursuant to part 3 of this article to input the names, addresses, and telephone numbers of up to two persons to be contacted in an emergency pursuant to subsection (3) of this section. The form shall include a statement that the information may be disclosed only to authorized law enforcement or public safety personnel for the purpose of notifying the persons listed in an emergency and a place for the person entering the information to assent to the use of the information for this purpose.

(b) The department shall add the emergency contact information received from a person in accordance with paragraph (a) of this subsection (1) to the person's record in the driver's license database.

(2) (a) On and after January 1, 2009, the department shall include on the application form for a driver's license, minor driver's license, or instruction permit used pursuant to section 42-2-107, the driver's license renewal application used pursuant to section 42-2-118, the duplicate driver's license application used pursuant to section 42-2-117, and the identification card application form used pursuant to section 42-2-302 a place for the applicant to specify the names, addresses, and telephone numbers of up to two persons to be contacted in an emergency pursuant to subsection (3) of this section. The application shall include a statement that the information will be disclosed only to authorized law enforcement or public safety personnel for the purpose of notifying the persons listed in an emergency and a place for the person providing the information to assent to the use of the information for this purpose.

(b) The department shall add the emergency contact information specified on an application in accordance with paragraph (a) of this subsection (2) to the person's record in the driver's license database.

(3) An officer of a law enforcement or public safety agency who is authorized to access the driver's license database may obtain a person's emergency contact information from the database if the person is injured or killed as a result of an accident, criminal act, or other emergency situation. The officer may contact the persons listed in the emergency contact information and notify them of the emergency situation and the condition and location of the person who has been injured or killed.

(4) The department shall not disclose the information received in accordance with this section to any person except as authorized by subsection (3) of this section and section 24-72- 204 (7)(d), C.R.S.

Source: L. 2008: Entire section added, p. 1519, § 1, effective May 28.

42-2-122. Department may cancel license - limited license for physical or mental limitations - rules. (1) The department has the authority to cancel, deny, or deny the reissuance of any driver's or minor driver's license upon determining that the licensee was not entitled to the issuance for any of the following reasons:

(a) Failure to give the required or correct information in an application, or commission of any fraud in making such application or in submitting any proof allowed under this section;

(b) Inability to operate a motor vehicle because of physical or mental incompetence;

(c) Repealed.

(d) That such license would have been subject to denial under the provisions of section 42-2-104;

(e) Repealed.

(f) The person is not lawfully present in the United States;

(g) The person is not a resident of the state of Colorado;

(h) Repealed.

(i) Failure of the person to complete a level II alcohol and drug education and treatment program certified by the behavioral health administration in the department of human services pursuant to section 42-4-1301.3, as required by section 42-2-126 (4)(d)(II)(A) or 42-2-132 (2)(a)(II). The failure must be documented pursuant to section 42-2-144.

(2) The department has the authority to cancel any driver's or minor driver's license if, subsequent to the issuance of such license, the department has authentic information that a condition developed or an act was committed which places such licensee in one of the categories for which cancellation is authorized.

(2.5) (a) Any person who has had a driver's or minor driver's license or driving privilege canceled pursuant to paragraph (b) of subsection (1) of this section who is receiving or has received therapy treatment for physical or mental incompetence or an evaluation for such incompetence through a rehabilitation provider or licensed physician certified by the department to provide rehabilitative driving instruction may receive a limited license with such limitations as the department deems necessary after consultation with and upon the recommendation of the rehabilitation provider or licensed physician.

(b) (I) Any person licensed pursuant to this subsection (2.5) shall be subject to the examination requirements set forth in section 42-2-111.

(II) Rehabilitation providers and licensed physicians shall be subject to the provisions governing medical advice in section 42-2-112.

(c) The department shall adopt rules as necessary to carry out this subsection (2.5).

(3) Upon such cancellation, the licensee shall surrender the license so cancelled to the department, and thereafter such licensee is entitled to a hearing by the department if such license is returned and if such request is made within thirty days from the date of such cancellation; except that a denial or cancellation pursuant to subsection (1)(i) of this section is deemed to be final agency action for judicial review purposes pursuant to section 24-4-104. Such hearing, if requested, must be held no later than thirty days from the date of such cancellation. Notification of such cancellation must be given as provided in section 42-2-119.

(4) (a) Upon the holding of a hearing as provided in subsection (3) of this section or upon determination by the department, the license shall be returned if the licensee is able to prove that cancellation should not have been made. When the original cancellation is sustained by the department, such licensee may apply for and receive a new license whenever the licensee can show that the reason for the original cancellation no longer applies. The licensee may also appeal the decision of the department after the hearing to the district court as provided in section 42-2-135.

(b) A licensee who has proved that cancellation should not have been made shall not be required to give proof of financial responsibility pursuant to article 7 of this title.

Source: L. 94: Entire title amended with relocations, p. 2130, § 1, effective January 1, 1995. L. 95: (2.5) added and (4) amended, p. 707, § 2, effective May 23. L. 97: (1)(e) added, p. 1001, § 2, effective August 6. L. 98: (1)(f) and (1)(g) added, p. 295, § 2, effective July 1. L. 2000: (1)(a) and (3) amended and (1)(h) added, p. 804, § 1, effective August 2; IP(1), (2), and

(2.5)(a) amended, p. 1352, § 22, effective July 1, 2001. L. 2001: (1)(i) added and (3) amended pp. 786, 787, §§ 2, 3, effective June 1. L. 2002: (1)(i) amended, p. 1921, § 16, effective July 1. L. 2005: (4)(a) amended, p. 646, § 13, effective May 27. L. 2008: (1)(i) amended, p. 245, § 6, effective July 1. L. 2011: (1)(i) amended, (HB 11-1303), ch. 264, p. 1178, § 100, effective August 10. L. 2017: IP(1) and (1)(i) amended, (SB 17-242), ch. 263, p. 1257, § 19, effective May 25. L. 2021: (1)(c), (1)(e), and (1)(h) repealed and (3) amended, (HB 21-1314), ch. 460, p. 3092, § 1, effective January 1, 2022. L. 2022: (1)(i) amended, (HB 22-1278), ch. 222, p. 1577, § 199, effective July 1.

Editor's note: This section is similar to former § 42-2-119 as it existed prior to 1994, and the former § 42-2-122 was relocated to § 42-2-125.

Cross references: For the legislative declaration contained in the 2001 act enacting subsection (1)(i) and amending subsection (3), see section 1 of chapter 229, Session Laws of Colorado 2001. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.