Colorado § 13-40-110.5 - Automatic suppression of court records - definition.

§ 13-40-110.5. Automatic suppression of court records - definition.

(1) As used in this section, unless the context otherwise requires, "suppressed court record" means a court record that is accessible only to judges; court staff; a party to the case and, if represented, the party's attorneys; authorized judicial department staff; and a person with a valid court order authorizing access to the court record.

(2) Upon the commencement of an action pursuant to this article 40, any court record of the action is a suppressed court record.

(3) (a) Except as provided in subsection (3)(b) of this section, when an order granting the plaintiff possession of the premises is entered in an action to which this section applies, the record is no longer a suppressed court record and the court shall make the record available to the public unless the parties to the action agree that the record remain suppressed. If the parties agree that the record remain suppressed, the record remains a suppressed court record.

(b) A defendant who is a victim-survivor pursuant to section 13-40-104 may file a motion or petition to suppress a court record related to an action for possession or to maintain a record as suppressed if the record is currently suppressed, including a record that predates August 6, 2025. Upon receiving a motion or petition to suppress, the court shall suppress, or continue to suppress, any related records, including a judgment for possession if one is entered, if a tenant provides one or more of the documents described in section 13-40-104 (4)(a) and asserts that public access to the records poses a risk to the defendant's safety or the safety of a family member of the defendant's household.

(4) The names of the parties included in a court record that is suppressed pursuant to this section may be used by the court for administrative purposes, but the court shall not, for any reason, publish the names of the parties online.

(5) In addition to the persons described in subsection (1) of this section, a court shall allow a person to access a suppressed court record if the person affirms to the court, in writing or electronically, that:

(a) The person is an attorney, other than a party's attorney described in subsection (1) of this section, or is acting on behalf of the attorney;

(b) A party included in the court record has given written or verbal permission for the person to access the suppressed court record;

(c) The person is only accessing the record for the purpose of:

(I) Providing legal advice to, or evaluating whether to enter an appearance on behalf of, the party who gave permission for the person to access the record; or

(II) Evaluating whether the matter is suitable for mediation or in preparation for a mediation between the parties included in the court record; and

(d) The person is not accessing the record for commercial purposes, other than as described in subsection (5)(c) of this section.

(6) In addition to the persons described in subsections (1) and (5) of this section, a court shall allow a person to access a suppressed court record if the person affirms to the court, in writing or electronically, that the person is accessing the suppressed court record on behalf of the attorney general for the purpose of investigating any violation of state law that the attorney general is authorized to enforce pursuant to section 24-31-101 (1)(i).

Source: L. 2020: Entire section added, (HB 20-1009), ch. 37, p. 120, § 1, effective December 1. L. 2022: Subsection (5) added, (SB 22-019), ch. 19, p. 133, § 1, effective August 10. L. 2025: (3) amended, (HB 25-1168), ch. 229, p. 1053, § 7, effective August 6; (6) added, (SB 25-020), ch. 264, p. 1354, § 1, effective August 6.

Cross references: For the legislative declaration in HB 25-1168, see section 1 of chapter 229, Session Laws of Colorado 2025.