Colorado Criminal Court Records

Colorado criminal court records are a documentation of the proceedings and outcomes of a criminal case, usually generated by the court with jurisdiction over the case. Individuals who violate Colorado's criminal statutes by committing unlawful acts are usually prosecuted following a judicial hearing during which these records are created. Some examples of court records are case filings, docket entries, orders, transcripts, pleadings, decrees, judgments, victim statements, and witness testimonies.

Access to criminal court records in Colorado allows the public to review case proceedings accurately and ensure fairness in the justice system.

The Colorado Judicial Branch is primarily responsible for maintaining and distributing criminal court records through various divisions throughout the state. In most cases, access to these records is governed by the Colorado Supreme Court rules and the Chief Justice's Directives (CJD 05-01), which promote public trust and ensure the protection of privacy.

Are Criminal Court Records Public in Colorado?

Yes. According to the Criminal Justice Records Act (CCJRA) (C.R.S. § 24-72-301 et seq.), the public may access Colorado criminal justice records filed within the Colorado Judicial Department. The Colorado Open Records Act (CORA) (C.R.S. § 24-72-203) also ensures that criminal records under the jurisdiction of law enforcement agencies are made available for inspection at the right time, with or without the need to prove identity. However, the right to public access is not absolute. A criminal court record is public unless inspection is prohibited by state law or a court order makes it confidential.

As part of the Chief Justice Directive, the Colorado Public Access Policy outlines what criminal court records may be withheld, sealed, or only released after redaction to protect individual privacy rights and interests. The following are examples of criminal court information that may be excluded from public access:

• Sensitive details of crime victims (such as phone numbers, addresses, employment locations, and social security numbers)
• Specific details of active investigations
• Grand jury proceedings and related files
• Certain probation ICON/Eclipse files
• Medical or mental health information
• Criminal history record information, such as juvenile and traffic arrests (under the age of 17 and younger)
• Child abuse investigation reports that the court finds personal and confidential to the parties.
• Juvenile delinquency case records (except when charged as adults).

What Criminal Court Records Contain in Colorado

In Colorado, criminal court records typically contain the specific court case proceedings, charges filed, and sentencing outcomes, excluding confidential or sealed information. A typical criminal court record may display the following information:

• Names of defendant, attorneys of record, and witnesses
• Filing date and location
• Case numbers
• Case type and status
• Criminal charges and filings
• Scheduled trial dates

Other contents of a criminal court record may form case documents, such as:

• Register of actions or docket sheet (lists the date and description of each court paper filed)
• Court orders, motion outcomes, jury verdicts, and court rulings.

Colorado Criminal Court Records Search

To begin the search for a Colorado Criminal Court Record, the individual will be expected to identify the presiding court in each of the 64 counties where a criminal case was heard. The search will also require the person of interest to explore statewide case management systems, follow unique county-level processes, and visit courthouses in person.

The following methods will help individuals find criminal court records on the state and county levels:

In-Person Searches

Interested members of the public can visit the county court with jurisdiction over the criminal case or submit a formal written request to the county courthouse. Public computer terminals are available at each courthouse for searching criminal case information. Administrative staff at the courthouse can assist individuals in locating criminal case records by the defendant's name, case number, or filing date. There is no fee to search for court files, but making copies of the document may incur a standard fee of $0.25 per page.

Statewide Online Access

Statewide, the Colorado Judicial Department's Access Guide to Public Records portal provides limited online access to court records through third-party vendors. However, access to specific information on a criminal case will require the individual to directly contact the court to complete an online records request form. Requesters will be required to provide their contact information, the type of case, the location of the record, and the year the case was filed. A standard copy fee of $0.25 per page and $20.00 for a certified copy may apply.

The State's Judicial Department also provides online access to docket information for most county and district courts through its Docket Search tool. Individuals can search for dockets using filters such as location, date, case number, party name (individual or business), and Attorney.

An initiative of the Colorado Judicial Branch, known as CoCourts.com, helps interested individuals find and retrieve court information without needing to visit the courthouse in person. It provides real-time docket information from Colorado District and County Courts (excluding Denver County Court or some municipal courts). Users will need to open an account with their billing details to pay and access relevant docket information. Depending on the court, a copy fee of $0.25 to $0.75 per page may apply. Certified copies usually cost an additional fee of $20 to $25 per document.

County and District Court eAccess Systems

Official criminal record custodians or local clerk's offices in different counties may maintain their own public terminal or case lookup tools. Because access levels vary by county, some counties may provide detailed court information online, while others only allow in-person visits to search and review available documents. Some county courts utilize the online portal known as CoCourts.com to search for docket information by name, charging a fee of $5.00.

Free Access to Criminal Court Records in Colorado

In Colorado, interested individuals can access criminal court records for free using public access terminals at the Clerk of Court's office where the case was proceeding. These records are also viewable via electronic case management systems on the official court website. Generally, viewing case records such as registers of action and limited document images may not incur a fee. However, the requester will be responsible for any associated research, copy, and certification costs stated on the website.

Requesters who cannot afford copy or certification fees may apply for a fee waiver using the JDF 205 form (Motion to File Without Payment Supporting Financial Affidavit). If granted, the waiver may cover costs of obtaining specific criminal court case documents.

Sealing and Expungement of Criminal Court Records in Colorado

In Colorado, individuals with a criminal past can restrict access to their criminal records using the terms "sealing" or "expungement." Although both procedures are intertwined, there are unique differences between the two. Colorado state allows for the sealing, and in limited cases, expungement of criminal records, through the Clean Slate Act (SB22-99) in 2022.

Record sealing restricts criminal records from public view, ensuring they do not appear on a person's future background checks. However, the order to seal a conviction record does not cancel the conviction. In contrast, expungement is the process of physically destroying the record, as if the criminal case never existed.

How to Seal Criminal Court Records in Colorado

Under C.R.S. § 24-72-705, interested persons may request that certain criminal justice records, except convictions, be sealed. If eligible, the sealing process will be automatic.

• Confirm Eligibility

To qualify to have a criminal record automatically sealed, the petitioner must have been acquitted of all counts in the case and completed a diversion agreement (C.R.S. § 18-1.3-101). The person in question must not be owing restitution and should have completed a deferred judgment and sentence, with all counts dismissed (C.R.S § 18-1.3-102).

• Obtain the Necessary Forms

Download the following forms from the Colorado Judicial Branch's official website:

• JDF 477 - Motion to seal non-conviction records
• JDF 478 - Order to seal non-conviction records
• JDF 493 - Order and notice of hearing to seal records
• JDF 612 - Motion to Seal Criminal Conviction Records
• JDF 614 - Order and Notice of Hearing to Seal Criminal Conviction Records.
• Petition Filing

Eligible individuals can file a petition by submitting the necessary and complete documents to the court. The filing fee ranges from $65 to $224, depending on the case type (with or without a conviction). Individuals who cannot afford the fee can submit the JDF 205 form (Motion to Waive Fees).

• Motion Review

The court will review the motion and supporting documents to determine whether to deny or grant the motion, and will also schedule a hearing date.

• Court Hearing

The judge may set a hearing where the Attorney and the crime victim must appear before the court. At the hearing, the judge will ask questions about the request to seal the criminal conviction records and any objections that may be raised (if applicable).

After the request is approved, the court will send the order to the agencies listed in the petition to seal. All requirements must be fulfilled to automatically seal the records within 30 days of receiving the order.

How to Expunge a Criminal Record in Colorado

In Colorado, expungement of criminal records is primarily limited to juvenile offenses, underage drinking and driving offenses, and mistaken identity of victim arrests (C.R.S. § 19-1-306).

• Confirm Eligibility

An individual can only apply for expungement after completing a juvenile sentence and a certain time has passed without any new charges or convictions. Aggravated juvenile offenders are not eligible for expungement of their juvenile delinquency records.

• Fill the Necessary Forms

Visit the Colorado Judicial Branch website to find and fill out the applicable forms before filing the petition:

• JDF 302 - Petition to Expunge Court Records
• JDF 324 - Petition for Expungement of Records for Law Enforcement
• JDF 304 - Order of Expungement of Records
• File a Petition

To begin, the petitioner must provide the court with jurisdiction over the case, along with copies of the relevant documents and a filing fee of $65. If the petitioner is eligible, the court may send an order to the appropriate agencies to expunge the specific records. With objections, the court will schedule a hearing to determine whether the records will be expunged.

• Notice Service

The petitioner must serve notice to the Attorney's office and any other relevant parties.

• Court Hearing

In cases of objection, the petitioner may present the case before the court at the hearing. The nature of the offense, the behavior after conviction, and the reasons for expungement will be taken into consideration.

• Judge's Court Decision

If the judge grants the petition, the court signs the order for expungement form. All custodians of any part of the record will get the order to delete or mark the record as non-existent.

Criminal Records in Colorado vs Court Records

In Colorado, a criminal record is a comprehensive compilation of all arrest and conviction records, maintained by the Colorado Bureau of Investigation (CBI) and other law enforcement agencies. Court records outline details of case trials and final decisions made within the court, typically managed by the court clerk's office.

Requesting a Colorado Criminal History Record

Colorado Criminal History Records (CCHRs), although intertwined with criminal records, contain a person's arrests, charges, and dispositions by law enforcement, which the CBI primarily manages.

Interested persons may request a copy of their own criminal history record from the division for various purposes, including employment applications. However, only record holders can request their own record. The state restricts public access to other people's criminal history records through the CBI's Internet Criminal History Check (ICHC) system.

How to Request a Colorado State Background Check

The CBI, through the Internet Criminal History Check (ICHC) system, processes background check requests in the state of Colorado. There are two options available to requesters: name-based and fingerprint background checks, with the fingerprint method being the most accurate.

Applicants may schedule fingerprinting by using a CBI-approved fingerprint vendor, such as IdentoGO or Colorado Fingerprinting. Register online with the vendor and select the agency ID made available by the requesting party. Please note that a fingerprint processing fee ranges from $40 to $50, as additional CBI/FBI costs may be applicable. Fingerprint vendors have different payment methods, so applicants must confirm in advance.

In cases where electronic capture is unavailable, applicants may mail standard FD-258 fingerprint cards directly to:

Colorado Bureau of Investigation - CJIS

Alternatively, applicants are required to fill out the Public Request form for Criminal History Record Information on the CBI's official website. Applicants can submit the complete form to the address for the CBI's Biometric Identification and Records Unit in Denver:

Colorado Bureau of Investigation - Biometric Identification and Records Unit

Active vs Archived Criminal Cases in Colorado

In Colorado, an active case remains within the court system's active database. It is typically accessible through e-filing and online portals, such as the Colorado Judicial Branch's docket search or CoCourts.com. An archived case has been closed for some time and transferred to storage because it is no longer current or active. To obtain archived cases, record seekers may submit a written request to the county clerk's office at the courthouse.