Colorado background checks are a common part of the job application process. Strict state and federal laws regulate what background checks contain and what employers can see.
Here are five key things to know:
In this article, our Colorado criminal defense attorneys answer the following faqs:
Employment background check component
Details included
Note that outstanding warrants do not show up on background checks.
Note that for some jobs, employers may request drug screenings and/or driving records.
Also note that if you submit to a fingerprint-based background check (which is required for many professional jobs) and it returns an arrest record with no disposition, you must then submit to a name-based background check. 1
Criminal background checks are typically requested by prospective employers, landlords, or licensing agencies.
Criminal history records on Colorado background checks include only the last seven years. (Note that any bankruptcies from the last 10 years can show up.) 2
Colorado criminal records that have been sealed or expunged should not appear on future background checks. Juvenile records should not show up on background checks either.
However, there may be exceptions where you must disclose your sealed criminal history – such as to a professional licensing board.
An employment law attorney can help you determine if and when you must reveal your sealed records. 3
Yes. Under Colorado’s Ban the Box law, private employers may not ask about your criminal history during the initial employment screening. This way, you compete on a more level playing field, notwithstanding your criminal history.
If it turns out that you make the first cut, the employer may be less inclined to automatically disqualify you for having a criminal history. (Note that private employers may legally access your publicly available criminal background reports at any time, though many choose to wait since until late in the hiring process since it is an added expense.)
Meanwhile, state and local public employers can never ask about your criminal history on its applications. They have to wait to run a background check until you receive a conditional offer of employment. Then, if it shows anything negative, they must determine whether it relates to your specific job duties.
If an employer does ask about criminal history on the initial application, you can file a complaint with Colorado’s Division of Labor Standards and Statistics . The Colorado Department of Labor And Employment will then investigate . 4
As part of the background check process, Colorado employers can require you to consent to a credit check under three circumstances:
In addition, employers who decide not to hire you based on your credit history must tell you so in writing. 5
Yes. Employers cannot run a background check on you without notifying you and getting your signed consent.
Then if the employer wants to disqualify you based on your background check, they need to:
Employers can look at what you post publicly on social media like anyone else. However, employers may not:
Go to the Colorado Bureau of Investigation‘s Internet Criminal History Check System (ICHC). You can run a criminal records background screening on yourself for $5.
You will need to enter your full name and date of birth. Entering your social security number is optional.
If you see mistakes on your criminal history, call the CBI Identification Unit at 303-239-4208 for instructions on how to fix it.
Colorado’s Ban the Box law forbids private employers from asking about criminal history on the initial application.
Any Colorado criminal case that has been dismissed can be sealed immediately. Otherwise, there is a wait time to seal certain criminal convictions. The following convictions cannot be sealed at all:
The wait time to seal other criminal convictions depends on the class of crime:
| Colorado conviction | Waiting period to petition for record seal in Colorado |
| Petty offense or petty drug offense | One (1) year after the case ends |
| Multiple eligible petty offenses and/or petty drug offenses | Two (2) years after the last case ends |
| Class 2 misdemeanor or class 3 misdemeanor | Two (2) years after the case ends |
| Drug misdemeanor and certain class 4 drug felonies | Two (2) years after the case ends |
| Class 4 felony, class 5 felony, or class 6 felony | Three (3) years after the case ends |
| Level 3 drug felony or level 4 drug felony | Three (3) years after the case ends |
| Class 1 misdemeanor | Three (3) years after the case ends |
| Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies | Five (5) years after the last case ends |
| Level 2 drug felony or any other eligible offense | Five (5) years after the case ends |
| Multiple eligible felonies and/or drug felonies | Ten (10) years after the last case ends |
| Most municipal and misdemeanor crimes by victims of human trafficking | Immediately |
| Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014 | One (1) year after the date of the final disposition of all criminal proceedings and the release from supervision, whichever is later |
| Underage possession/ consumption of alcohol or marijuana convictions that occurred on July 1, 2014 or later | One (1) year after the conviction |
| Underage DUI convictions (UDD) with a BAL of 0.02% to 0.05%. | Immediately after turning 21 years old |
| Juvenile records | Up to five (5) years, depending on the circumstances. Dismissals and acquittals can be sealed immediately. |
Note that under Colorado’s Clean Slate Act, many cases get automatically sealed without you having to do anything:
Yes, a firearm background check is required to purchase guns in Colorado. It does not matter whether it is a commercial or private gun sale.
First, you have to fill out an ATF Form 4473, which asks whether you either:
If you meet any of these conditions, then you cannot have a gun in Colorado.
After you complete the ATF Form 4473, the gun dealer submits it to the CBI InstaCheck Unit. The background check takes about 20 minutes. 9
For more information, refer to the following:
