Cal. Civ. Code § 13-40-110.5

Automatic suppression of court records - definition.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoSealing & Expungement

Operative Text

Cal. Civ. Code § 13-40-110.5
(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: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 13-40-110.5 establishes that when an eviction (forcible entry and detainer) case is filed under Article 40, the court record is automatically treated as a "suppressed court record" from the moment the case begins, meaning it is accessible only to judges, court staff, the parties and their attorneys, and certain authorized personnel. If a court ultimately grants the landlord possession of the premises, the record generally becomes public — unless both parties agree to keep it suppressed. A special exception exists for tenants who qualify as victim-survivors under § 13-40-104, who may seek to suppress or maintain suppression of records even after a possession order, if they can show that public access poses a safety risk to themselves or a household family member.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under § 13-40-110.5, landlords initiating an eviction action in Colorado should be aware that all court records associated with that filing are automatically suppressed at the outset. If a landlord obtains a possession order, the record generally becomes public unless both parties mutually agree in writing to keep it suppressed. Compliant operators typically account for the possibility that a defendant who qualifies as a victim-survivor under § 13-40-104 may successfully petition the court to keep records suppressed, which can affect how case outcomes appear in public databases.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 13-40-110.5 provides tenants with meaningful privacy protections from the moment an eviction case is filed against them in Colorado, since the court record is automatically suppressed at the start of the action. Tenants who qualify as victim-survivors under § 13-40-104 have an additional right to file a motion or petition — including for cases predating August 6, 2025 — to suppress or maintain suppression of records by providing qualifying documentation and asserting a safety risk. Tenants seeking to understand these protections or explore whether they qualify for victim-survivor status may wish to consult a tenant-rights organization or legal aid provider familiar with Colorado's Article 40 procedures.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 13-40-104
Not yet ingested
Colo. Rev. Stat. § 24-31-101
Not yet ingested

References In

Rules and statutes that cite this regulation

Colo. Rev. Stat. § 13-40-101

Related Rules

§ 16
Eviction; petition to seal record; petition to access sealed record; consumer reporting agency; housing or credit screening applications; notice of satisfaction
§ 757
Eviction as the result of foreclosure
§ 47a-26j
Records of summary process actions.

Source Information

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Fetched:Oct 16, 2026, 05:13 PM UTC