How Colorado’s open-records and criminal-records laws work — what reporters and residents should know

At a League of Women Voters webinar, Jeff Roberts of the Colorado Freedom of Information Coalition walked attendees through how Colorado’s open-records laws function and what requesters should expect.

CORA presumption and scope: Roberts said the Colorado Open Records Act carries a presumption of openness for most state and local government records. "To close them to you, the government has to cite something in the law," he said, adding that the content of communications — not the device or account used — determines whether a message is a public record.

Response times and remedies: The statute presumes a reasonable inspection time (commonly three working days) and requires custodians to explain in writing if they need extra time within that initial period. Roberts cautioned that Colorado lacks an administrative appeal process for wrongful denials, so the only formal remedy is a district court challenge; if successful, prevailing requesters are generally awarded court costs and reasonable attorney fees.

Digital formats and data: A 2017 amendment to CORA requires governments to provide spreadsheet and database records in a comparable, sortable format (minus confidential fields) rather than static PDFs, enabling reporters to analyze large datasets.

Criminal justice records differences: Roberts explained that the Criminal Justice Records Act treats many records more restrictively. A small subset called "records of official action" must be provided promptly, but other criminal records may be withheld if disclosure would be "contrary to the public interest," using a balancing test that includes public interest and investigatory concerns.

Body-cam footage: Under the Law Enforcement Integrity Act (2020), agencies must release body-cam footage within a 21-day timetable after request in many cases, though district attorneys may delay release up to 45 days for investigatory reasons. Roberts noted ongoing litigation about whether agencies may charge large fees for such footage.

Practical tips: Roberts recommended requesters ask for an upfront estimate of costs, use detailed descriptions of the records sought to limit search time, and request redacted versions if full disclosure is denied. He also offered CFOIC’s CORA request template and hotline assistance.

The webinar concluded with a Q&A and Roberts offered contact information and the coalition’s online guide for follow-up.