What is the Difference between CORA and CCJRA? CORA Requests for criminal justice records will be treated as requests made under CCJRA. The legislative policy regarding access to criminal justice records under CCJRA is more limited than access to public records under CORA. The courts have also construed CCJRA to favor less broad.
CCJRA creates two categories of records:
1. Records of official action. CCJRA defines an official action as “an arrest; indictment; charging by information; disposition; pretrial or post-trial 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.” Section 24-72-302(7), C.R.S. The records of official action must be open for inspection.
2. Except for records of official actions, which must be available for inspection, all other criminal justice records may be open for inspection subject to the discretion of the official custodian. Section 24-72-304(1), C.R.S. The Agency will not release records under CCJRA, unless the requestor signs a statement affirming that the records will not be used for the direct solicitation of business for pecuniary gain. Section 24-72-305.5, C.R.S. The Agency may allow or deny inspection of CCJRA records. Section 24-72-305, C.R.S.
What happens if I request confidential information? Can any information be excluded from my request? Some information is confidential or is excluded from the Colorado Open Records Act under Colorado law.
Examples of information that will not be released: A person’s home address, Telephone #, Personal email address, Passwords, Social Security Number, Government issued driver’s license or identification number, Passport #, Birth date, Bank account information (card #’s; account numbers), Tax ID#, Personal signatures, Medical records, NCIC/CCIC–criminal history (dissemination restricted by CJIS), DMV Dossier records (dissemination restricted by CO-DOR).
On cases involving Sex Assault (includes attempt)(section24-72-304(4)(a), C.R.S.): In addition to the above– Victim’s name and “any other information that would identify any victim”, On cases involving child victims (includes attempt) (section24-72-304(4.5)(a), C.R.S.): In addition to the above–“The name and any information that would identify any child victim”
**NOTE: we generally do not release graphic material depicting decedents
Be aware, this statute sometimes governs a response about a particular case:
24-72-702(1)(d), C.R.S. Upon the entry of an order to seal arrest and criminal records other than convictions, the petitioner and all criminal justice agencies may properly reply, upon any inquiry in the matter, that no such records exist with respect to the person.
Where can I find more information about CORA?