Boulder County District Court Sealing & Redaction Procedures

CRITICAL

When needed to comply with redaction requirements for Social Security or bank account numbers, documents must be submitted as protected.

Where necessary to comply with the redacting requirements of social security and bank account numbers, documents will be submitted as protected.

CRITICAL

The Petition should be filed publicly and should not include the individual's medical or mental health information.

The Petition should be filed as a public court document and should not include any medical and/or mental health information regarding the individual.

CRITICALCriminal cases

Community corrections reports and related evaluation or treatment information must remain confidential and are not subject to inspection under the cited statute.

Reports prepared by the Boulder County Community Correction Staff pursuant to court order regarding issues of mental status, potential for violence and treatment alternatives shall remain confidential. Those reports and any information or notes, concerning the evaluation or any futher follow-up treatment of the defendant by community corrections shall not be subject to inspection pursuant to section 24-72-305, C.R.S.

CRITICAL

The case status will be public, but the Affidavit will be suppressed to protect medical and mental health information.

The case status will be PUBLIC but the Affidavit itself will be suppressed. This is one way to ensure transparency and protect medical/mental health information at the same time;

CRITICALCivil cases

Children’s psychological evaluations are distributed to all parties unless an objection is filed with the court.

Psychological evaluations of children will be distributed to all parties in the case unless an objection is filed with the court.

CRITICALCriminal cases

The public defender must keep confidential information in the custody report confidential and may not disclose it to the defendant.

The public defender shall treat any confidential information within the custody report as confidential and shall not disclose this information, even to the defendant.

CRITICALCivil cases

The clerk, deputies, and probate registrar must deny access to a decedent’s probate files for nine months from filing, except to interested persons and their attorneys.

This Administrative Order provides that the Clerk of the Combined Court for the Twentieth Judicial District and the Clerk’s deputies and probate registrar shall deny access to all probate files of a decedent for a period of nine months from the date of filing to all individuals except for interested persons (heirs, devisees, children, spouses, creditors, beneficiaries, and any others having any property right in or claim against the estate of a decedent which may be affected by the proceeding and personal representatives and persons having a priority for appointment as a personal representative) and their attorneys.

CRITICALCivil cases

Parent and special-respondent evaluations must be kept confidential and distributed only to the listed recipients.

Psychological evaluations and substance abuse evaluations of parents and special respondents will be kept confidential and distributed only to the party about whom the evaluation has been completed, the Guardian ad litem, the Boulder County Department of Social Services and the Court.

CRITICAL

The Affidavit should be filed in suppressed status and may contain the individual's medical or mental-health information.

The Affidavit should be filed in a suppressed status and can contain medical and/or mental health information regarding the individual.

CRITICAL

The Affidavit may contain sensitive health information and will be placed in suppressed status, which the Court may modify when appropriate.

The Affidavit may contain sensitive mental health and medical information. To protect the privacy of individuals, the Affidavit will be placed in a suppressed status but can be modified by a Court when appropriate.

WARNINGCriminal cases

If released from further representation after the bond hearing, the public defender must return the custody report to the court for destruction.

If the public defender is released from further representation of the defendant after the bond hearing, the custody report shall be returned to the court and destroyed.

WARNINGCivil cases

For good cause, the court may place a file under security; the clerk must maintain it in a security file, which may be examined only by counsel of record unless the court orders otherwise.

Colorado Rules of Probate Procedure, Rule 20, provides that “for good cause shown, the court may order a file to be placed under security, in which event the clerk of the court shall maintain it in an appropriate security file. Files kept under security may be examined only by counsel of record unless otherwise ordered by the court.”

WARNING

Audio from cases suppressed from public access or from suppressed case types is prepared and released only upon request to parties permitted access under CJD 05-01.

Audio of hearings held in cases suppressed from public access or in suppressed case types will only be prepared at the request of and released to parties permitted access to the case pursuant to CJD 05-01.

WARNING

Certain information, including identifying information of sexual-offense victims, must be redacted before release; when redaction is required, audio is prepared and released only upon request to parties or agencies permitted case access under CJD 05-01.

There are instances where certain information must be redacted from the record before it can be released, such as removing the name and other identifying information of the victim of a sexual offense from the record per C.R.S. § 24-72-304(4)(a). The method of redacting information from an audio file is challenging and, in many cases, not feasible. In instances where redaction of the record would be required, the Court will only prepare the audio at the request of and release to parties or agencies permitted access to the case pursuant to Chief Justice Directive 05-01.

WARNING

The e-filing systems distinguish public, suppressed, protected, and sealed documents by who may access them.

Document security levels exist in Colorado Court E-Filing System and JPOD. - ▪ Public: access by the court, all case parties, and the public; - ▪ Suppressed: access by the court and all case parties; - ▪ Protected: access by the court, filing parties and served parties; - ▪ Sealed: access only by the court

WARNINGCivil cases

A petitioner may omit their address from court filings if disclosing it would risk harm to the petitioner or a household or family member.

IF THE PETITION STATES THAT DISCLOSURE OF THE PETITIONER'S ADDRESS WOULD RISK HARM TO THE PETITIONER OR ANY MEMBER OF THE PETITIONER'S FAMILY OR HOUSEHOLD, THE PETITIONER'S ADDRESS MAY BE OMITTED FROM ALL DOCUMENTS FILED WITH THE COURT.

WARNINGCivil cases

If the court requests a criminal history record check, its results are to be provided to the court under seal.

(b) REQUEST THAT THE COLORADO BUREAU OF INVESTIGATION CONDUCT A CRIMINAL HISTORY RECORD CHECK RELATED TO THE RESPONDENT AND PROVIDE THE RESULTS TO THE COURT UNDER SEAL.

INFOCriminal cases

Search warrants and orders for non-testimonial identification are available to the public upon request unless a request to close is pending.

Search warrants and orders for non-testimonial identification are public record documents and will be made available to the public upon request unless a request to close is pending.