Colorado § 24-72-301 - Legislative declaration.

§ 24-72-301. Legislative declaration.

(1) The general assembly hereby finds and declares that the maintenance, access and dissemination, completeness, accuracy, and sealing of criminal justice records are matters of statewide concern and that, in defining and regulating those areas, only statewide standards in a state statute are workable.

(2) It is further declared to be the public policy of this state that criminal justice agencies shall maintain records of official actions, as defined in this part 3, and that such records shall be open to inspection by any person and to challenge by any person in interest, as provided in this part 3, and that all other records of criminal justice agencies in this state may be open for inspection as provided in this part 3 or as otherwise specifically provided by law.

Source: L. 77: Entire part added, p. 1244, § 1, effective December 31.

ANNOTATION

Law reviews. For article, "Home Rule Municipalities and Colorado's Open Records and Meetings Laws", see 18 Colo. Law. 1125 (1989). For article, "Sealing Criminal Records in Colorado", see 21 Colo. Law. 247 (1992).

Court considers and weighs public interest in determining disclosure question. The limiting language making certain of the public records provisions applicable except as "otherwise provided by law" is a reference to the rules of civil procedure and expresses the legislative intent that a court should consider and weigh whether disclosure would be contrary to the public interest. Martinelli v. District Court, 199 Colo. 163, 612 P.2d 1083 (1980).

Police personnel files and staff investigation reports not exempt from discovery. The Colorado open records provisions do not, ipso facto, exempt the personnel files and the staff investigation bureau reports of the Denver police department from discovery in civil litigation. Martinelli v. District Court, 199 Colo. 163, 612 P.2d 1083 (1980).

Destruction of records after complaint dismissed not intent of general assembly. The general assembly did not intend that the physical destruction of criminal arrest records be allowed after the dismissal of the complaint. People v. Wright, 43 Colo. App. 30, 598 P.2d 157 (1979).

Statutory remedies deemed exclusive. Because the criminal justice records provisions provide a comprehensive scheme concerning criminal records, the statutory remedies are exclusive for those persons whose records come within the purview of the statutory scheme. People v. Wright, 43 Colo. App. 30, 598 P.2d 157 (1979).

Applied in City & County of Denver v. District Court, 199 Colo. 223, 607 P.2d 984 (1980); City & County of Denver v. District Court, 199 Colo. 303, 607 P.2d 985 (1980); Denver Policemen's Protective Ass'n v. Lichtenstein, 660 F.2d 432 (10th Cir. 1981).