Larimer County District Court Sealing & Redaction Procedures

CRITICALCriminal cases

The Clerk of Court must retain sealed envelopes containing HIV test results in a locked cabinet in the clerk’s office.

Sealed envelopes containing HIV test results from the Larimer County Department of Human Services shall be retained by the Clerk of Court in a locked cabinet within the clerk’s office.

CRITICALCivil cases

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

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

CRITICALCriminal cases

Search warrants and related materials are unavailable for public inspection before execution and filing of the return; once the return is filed, they will be available for public viewing or inspection on request.

I. In order to avoid compromising officer safety, compromising investigations, or increasing the risk of destruction of evidence or contraband, prior to execution of the search warrant and the filing of the return with the court, search warrants, affidavits in support of search warrants, and related documents shall not be available for public inspection. 2. Once the return has been filed with the court (the filing of such return is the only reliable means the court has of being informed that the warrant has been executed or served) the search warrant and related materials such as the affidavit will on request be made available for public viewing or inspection.

CRITICALCriminal cases

An arrest-warrant affidavit must remain suppressed until the defendant is arrested and advised; afterward it is public subject to redaction.

An affidavit for arrest warrant shall remain suppressed until the defendant has been arrested and advised. This is consistent with the long-standing practice of the 8th Judicial District. Following advisement, the affidavit for arrest warrant will be available to the public subject to redaction.

WARNINGCivil cases

The Affidavit is placed in suppressed status to protect privacy, but the Court may modify that status when appropriate.

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

A Judge or Magistrate may issue a written or verbal order setting a document’s security level, and that order supersedes the default policy.

None of the above prohibits a Judge or Magistrate from issuing a written or verbal order concerning a document security level. Any written or verbal order shall supersede the default policy.

WARNINGCriminal cases

For good cause, the issuing judge or magistrate may keep search warrant documents confidential after execution and filing of the return if disclosure would be contrary to the public interest.

3. Notwithstanding the provisions of paragraph 2 above, the judge or magistrate issuing the warrant may, for good cause, in a particular case, direct that search warrant documents be maintained as confidential even after execution and the filing of the return, if the judicial officer determines that disclosure of same would be contrary to the public interest.

INFO

The simplified sealing process applies, with certain exceptions, to criminal justice records when the defendant’s case is dismissed, the defendant is acquitted of all charges, or the defendant successfully completes a diversion agreement or deferred judgment and sentence.

With certain exceptions, applies to criminal justice records where a case against a defendant - completely dismissed... acquitted of all charges... successfully completes a diversion agreement... successfully completes a deferred judgement and sentence...

WARNINGCriminal cases

Documents accepted or uploaded into JPOD default to the security level set by the State Court Administrator’s Office, subject to the stated exceptions.

Documents accepted or uploaded into JPOD by the 8th Judicial District will default to the appropriate security level set by the State Court Administrator’s Office to comply with CJD 05-01, except as follows: