A record of official action must be available for public inspection unless one of the two exceptions applies: (1) non-disclosure is required by the Colorado Criminal Justice Records Act, or (2) non-disclosure is required by other law. In re People v. Thompson, 181 P.3d 1143, 1143-44 (2008); see Colo. Rev. Stat. § 24-72-301(2).
Colo Rev. Stat. § 24-72-304(1) provides that the custodian can exercise its discretion in determining whether disclosure of criminal justice records other than “records of official action” would be “contrary to the public interest.” Custodian must articulate and balance the following factors: (1) the public interest in the investigation; (2) the private interest or danger of adverse consequences to the public involved; and (3) whether disclosure of a redacted file would satisfy the statutory objectives of disclosure and address any privacy concerns. Freedom Colo. Info., Inc. v. El Paso County Sheriff’s Dep’t, 196 P.3d 892, 903 (Colo. 2008).