Records Request

Introduction

The Twenty-Third District Attorney’s Office is committed to transparency and open government. The following policy governs requests for records under the Colorado Criminal Justice Records Act (CCJRA) and the Colorado Open Records Act (CORA).

This policy does not address requests for discovery under Rule 16 of the Colorado Rules of Criminal Procedure. If you are a pro se defendant seeking discovery in a pending case, please use this link to submit your request: Pro Se Discovery Request Form

General Process

Records requests must be submitted through the office’s online portal using the CORA/CCJRA Request Form. The office does not accept requests by email or over the phone.

The office is required to redact certain information before disclosing any records. This means that office staff will spend a significant amount of time locating, reviewing, and redacting the requested material. The office will charge for photocopies and staff time as follows:

See §§ 24-72-205(5)(a), 24-72-306(1).

Multiple requests made within a two-week period by a single individual or entity may be treated by the office as a single request when calculating staff time needed to fulfill the consolidated request.

If a request is likely to take more than an hour to fulfill, office staff will provide an estimate of the cost. The staff may also ask for clarification about a particular request. If the requesting party does not reply within ten days of that estimate or question, the records request will be deemed abandoned, and the matter will be closed.

The office generally requires the estimated fees to be paid in full before starting to work on a request. The requestor is responsible for any costs incurred in excess of the estimated costs and will be reimbursed for any estimated costs not actually incurred.

The office will release records only if the requesting party affirms that the records will not be used for the purpose of soliciting business.

The Twenty-Third District Attorney’s Office receives many records requests. Some of those take weeks or even months to fulfill because they involve substantial amounts of digital evidence. We generally process requests in the order in which they were received.

Colorado Criminal Justice Records Act (CCJRA)

Criminal records requests are governed by the Colorado Criminal Justice Records Act (CCJRA). There is no deadline for production of records under that statute. Depending on the nature of the case, the size of the file, and the materials requested, CCRJA requests can take a substantial amount of time to fulfill.

The office is required to redact all identifying information in cases involving sex assaults, child victims, or child witnesses. See § 24-72-304(4)(a) and § 24-72-304(4.5), C.R.S. If voluminous materials are sought in such cases, or if the requested material includes cell phone extractions or video or audio recordings, the request will likely take weeks to fulfill, and it will trigger significant fees.

What will be released?

• With the exception of charging documents and arrest photos, the office generally will not release records from a criminal case until the case is closed (after the defendant has been sentenced or the case has been dismissed).
• If the case is closed, the office will release records of all official actions. Other types of records will be released or withheld based on various factors. See Harris v. Denver Post, 123 P.3d 1166, 1175 (Colo. 2005) (identifying factors).
• The office will not release materials in a sealed case unless a statutory exception permitting disclosure is met.
• The office will not release privileged or protected information.
• The office generally will not release autopsy photographs or other sensitive or disturbing images.
• The office will redact DMV records, mugshots, and personal identifying information, such as SSNs, NCIC numbers, FBI numbers, VIN numbers, credit card numbers, bank account numbers, and signatures.
• The office does not redact materials requested by law enforcement agencies. Some unredacted records may be released to the victim and to defense counsel. In appropriate cases, the office may release unredacted information to lawyers working for regulatory agencies, schools, or social services agencies.
• The office will keep a log of withheld materials and redactions that are not obvious from context.
• The office cannot certify records.

Colorado Open Records Act (CORA)

Although most records requests will be governed by the CCJRA because the Twenty-Third District Attorney’s Office is a criminal justice agency, the office may receive some requests that are governed by the Colorado Open Records Act (CORA). That statute provides a three-day deadline that can be extended by seven days in extenuating circumstances. § 24-72-203(3). A request received after 12:00 p.m. or on a day that the office is officially closed will be treated as being received the next business day. The office can fulfill a CORA request only if the requested materials exist in record form. The office will not create records – such as reports, itemized lists, or compilations of data – in response to a CORA request. The office will not release materials if disclosure would violate a statute, rule, or court order. § 24-72-204(1). It will not release materials when such disclosure would be contrary to the public interest or when the materials are otherwise privileged or protected. See § 24-72-204(2)-(3).

In processing a CORA request, the office will follow its general process in reviewing and redacting records and in assessing fees.

Additional Information

The office cannot provide legal advice to the general public. It cannot determine whether another agency or office has complied with a CORA or CCJRA request, nor can it require another agency to turn over records.