The Complete Guide to Colorado Background Checks: Laws, Process, & Your Rights

Colorado Background Check Regulations

Colorado has enacted several laws and regulations governing employment background checks to protect job applicants while allowing employers to make informed hiring decisions:

• Ban-the-Box Laws: Colorado’s ban-the-box law, known as the Colorado Chance to Compete Act, prohibits employers from stating in job postings that people with criminal records cannot apply. Employers also cannot inquire about criminal history on initial job applications, but they may access publicly available criminal records at any point in the hiring process.
• Seven-Year Rule: Colorado restricts the reporting of certain criminal records, including arrests, indictments, and convictions that predate the background check by more than seven years from the date of disposition, release, or parole. This rule applies regardless of the position’s salary.
• Credit History Checks: Employers with four or more employees are prohibited from using credit history in employment decisions unless the applicant consents and certain exemptions are met, such as if the employer is a financial institution, the credit check is required by law, or the credit history is substantially related to the job duties.
• Sealed Records: Under Colorado law, individuals have the right to request that certain records be sealed. If sealed, the applicant is not obligated to disclose information related to that record to potential employers.
• Juvenile Records: Colorado law explicitly provides access to juvenile delinquency court and probation records for firearm background check purposes.
• Firearms Background Checks: Colorado is a point-of-contact state for firearm purchaser background checks, meaning the Colorado Bureau of Investigation (CBI) conducts background checks using state and federal records. CBI must deny a firearm transfer if it would violate state or federal law.
• Appeal Process: Colorado law provides procedures for appealing the denial of a firearm transfer based on background check results.

These laws aim to balance job applicants’ rights with employers’ needs to maintain a safe and productive workplace. Employers must comply with these regulations when conducting background checks in Colorado.

Common Colorado Background Checks

There are several types of background checks commonly conducted by employers in Colorado:

• Criminal History Check: This check searches national, state, and county criminal court databases to obtain information on felony and misdemeanor convictions and pending criminal cases. It also includes a search of the US Department of Justice’s sex offender registry. Colorado restricts reporting certain criminal records older than seven years, with some exceptions for higher-paying positions.
• Motor Vehicle Records Check: This check gathers information from state agencies on an individual’s driving history and license records, including driving offenses, traffic violations, and restrictions. It is typically requested when the position requires driving as a regular job duty or using a state-owned vehicle.
• Education Verification Check: This verifies an applicant’s claimed education history, including degrees, certificates, or diplomas received.
• Employment Verification: This check confirms an applicant’s previous employers, positions held, and dates of employment and identifies any gaps in employment history.
• Financial History Check: This gathers credit history information from courts, credit reporting agencies, or third-party vendors. In Colorado, certain positions are only allowed, like those involving the distribution of student loans, and applicant consent is required.
• Statewide Criminal History Check: Similar to the standard criminal history check but focused only on criminal records within Colorado. It is required for certain volunteer positions like those with Ram Welcome volunteers at Colorado State University.
• Restricted Party Screening: This check facilitates compliance with United States export control laws and regulations. At Colorado State University, it is usually run concurrently with a criminal history check.
• Drug Testing: Though not a records-based check, Colorado employers commonly conduct drug testing to maintain a safe and productive work environment.

The specific background checks depend on the employer, position, and applicable laws and regulations. Colorado employers must comply with federal and state laws, such as the Fair Credit Reporting Act and Colorado’s ban-the-box regulations when conducting any employment background check.

Colorado Background Check Process

The Colorado background check process involves several steps for employers to verify a candidate’s qualifications and history while complying with state and federal regulations. Employers can conduct checks directly or partner with an approved Consumer Reporting Agency (CRA).

To initiate a background check, the employer must first obtain written consent from the applicant, disclosing the specific checks to be conducted. For checks performed by a CRA, employers must follow the Fair Credit Reporting Act (FCRA) process of disclosure, authorization, and potential adverse action and dispute procedures.

Criminal history searches are crucial, querying databases maintained by the Colorado Bureau of Investigation (CBI) and local county courts. These checks go back seven years unless an exception applies for higher salary positions. Juvenile records are also accessible for specific purposes like firearm background checks.

Other standard screenings include employment and education verification, motor vehicle records, and drug testing. Credit history checks are restricted in Colorado unless the candidate consents and the position meets specific exemptions.

If a background check results in a denial of employment, the employer must inform the candidate and provide them with a copy of the report. Colorado law also allows the appeal of denials for firearm transfers based on background checks.

Employers must adhere to Colorado regulations, such as ban-the-box rules delaying criminal history inquiries and anti-discrimination laws throughout the process. Following these steps helps ensure a thorough and compliant background screening process in Colorado.

Key Differences Between Colorado’s Background Check Laws and the FCRA

The critical differences between Colorado’s background check laws and the Fair Credit Reporting Act (FCRA) are:

• Lookback period: Colorado has a 7-year lookback period for reporting certain non-conviction records, such as arrests, civil judgments, and tax liens, on background checks conducted by consumer reporting agencies (CRAs). The FCRA also has a 7-year lookback period for these records, but only for jobs paying less than $75,000 annually.
• Ban-the-box laws: Colorado has statewide “ban-the-box” laws prohibiting employers from asking about criminal history on initial job applications. The FCRA does not have such a provision.
• Salary threshold: The FCRA’s 7-year lookback period for reporting non-conviction records does not apply to jobs paying $75,000 or more annually. Colorado’s law does not have this salary threshold exception.
• Social media protections: Colorado has a law prohibiting employers from requiring employees or applicants to provide access to their personal social media accounts. The FCRA does not address social media.
• Fingerprint-based checks: Colorado requires a name-based court records check if a fingerprint-based background check returns an arrest without disposition. The FCRA does not have this specific requirement.

So in summary, while both have lookback periods, Colorado’s laws provide additional protections like ban-the-box, social media privacy, and requirements around fingerprint checks that go beyond the FCRA.

Colorado’s Seven-Year Lookback Period vs FCRA’s Restrictions

Colorado’s seven-year lookback period for reporting certain non-conviction records on background checks has some key differences compared to the Fair Credit Reporting Act (FCRA) restrictions:

• Salary Threshold: The FCRA’s seven-year lookback period for reporting non-conviction records like arrests, civil judgments, and tax liens does not apply to jobs paying $75,000 or more annually. However, Colorado’s seven-year restriction applies regardless of the position’s salary.
• Covered Records: Both laws restrict the reporting of non-conviction records like arrests, civil judgments, and tax liens beyond seven years. However, the FCRA also includes collection accounts and Chapter 13 bankruptcies in its seven-year lookback, which Colorado’s law does not explicitly address.
• Criminal Convictions: While the FCRA does not impose a time limit on reporting criminal convictions, Colorado restricts reporting of certain conviction records beyond seven years from the date of disposition, release, or parole. Some other states have restrictions similar to those of the FCRA.
• Juvenile Records: Colorado law explicitly allows access to certain juvenile records for purposes like firearm background checks, which is not addressed by the FCRA.
• Preemption: The FCRA preempts or takes precedence over Colorado’s law regarding the timing of background check report contents, as the FCRA amendments were enacted after Colorado’s seven-year law.

In summary, while both have lookback periods, Colorado’s is more restrictive in some ways by applying to all salary levels and certain conviction records. However, it allows juvenile record access, which the FCRA does not explicitly cover. Employers in Colorado must comply with the more stringent of the two laws.

Colorado Background Check FAQs

Here are answers to some common questions about Colorado background checks:

Do sealed or expunged records show up on Colorado background checks?

No, criminal records that have been sealed or expunged should not appear on Colorado background checks. Juvenile records are also typically excluded. However, there may be exceptions where sealed records must be disclosed, such as to professional licensing boards.

How far back do Colorado background checks go?

Criminal history searches on Colorado background checks generally go back seven years, with some exceptions for higher-salary positions. Bankruptcies from the last 10 years may also be reported.

Can employers ask about criminal history when applying for jobs in Colorado?

Under Colorado’s ban-the-box law, employers cannot ask about criminal history on initial job applications. Inquiries must be delayed until later in the hiring process.

Do Colorado employers need consent to run background checks?

Under the Fair Credit Reporting Act (FCRA), employers must obtain written authorization from the applicant before conducting a background check through a consumer reporting agency.

Can I run a background check on myself in Colorado?

You can request your criminal history through the Colorado Bureau of Investigation’s Internet Criminal History Check System (ICHC).

Navigating the nuances of Colorado background check laws can be complex. Consulting with an employment law attorney can help ensure compliance for employers and fair treatment for job applicants.

Colorado Employment Resources

Colorado offers a variety of resources and information to assist employers and job seekers in navigating the workforce landscape:

• Colorado Department of Labor & Employment (CDLE): CDLE provides resources for employers and job seekers, including labor market information, workforce centers, job listings, and unemployment benefits. It also ensures fair labor practices and workplace safety.
• Colorado Labor Market Information (LMI) Gateway: This robust career assessment and information system is designed for job seekers, students, case managers, training providers, and workforce professionals seeking easily accessible career and labor market data.
• Colorado Workforce Center: Workforce Centers offer free services to employers and job seekers, such as job listings, computer and internet access, career counseling, and training.
• Connecting Colorado: Part of a state and county-run system, Connecting Colorado allows job seekers to post resumes, apply for jobs, and search job databases. Employers can also use the site to post openings, review resumes, and connect with qualified workers.
• Colorado Apprenticeship Resource Directory: This directory lists Apprenticeship Program sponsors registered with the U.S. Department of Labor who provide training for various occupations and industries.
• My Colorado Journey: My Colorado Journey guides job seekers and students through a process that connects them to careers, education planning, and support resources to drive action and goal completion.
• Occupational Outlook Handbook: Created by the U.S. Bureau of Labor Statistics, this searchable guide provides data on over 200 occupations, including salary ranges, education and training requirements, and employment outlook.
• ONET Online: The ONET database offers information on skills, abilities, knowledge, work activities, and interests associated with occupations to facilitate career exploration, vocational counseling, and human resources functions.
• Larimer County Economic & Workforce Development: This local resource assists employers and job seekers in Larimer County, Colorado.
• Pikes Peak Workforce Center: The Pikes Peak Workforce Center provides additional resources for employers and small businesses in Colorado Springs, including the Pikes Peak Small Business Development Center and the Colorado Procurement Technical Assistance Center (PTAC).

These resources aim to foster a solid and equitable workforce in Colorado by connecting employers with skilled workers and assisting job seekers in finding meaningful employment opportunities.

Key Takeaways

Here is a summary of the key points about Colorado background check laws and regulations:

• Colorado’s ban-the-box law prohibits employers from asking about criminal history on initial job applications. Inquiries must be delayed until later in the hiring process, such as after an initial interview or conditional job offer.
• Criminal history searches on Colorado background checks generally go back seven years, with some exceptions for higher salary positions over $75,000.
• In most cases, sealed or expunged records and certain juvenile records should not appear on Colorado background checks.
• Credit history checks are restricted in Colorado unless the applicant consents and the position meets specific exemptions, such as jobs in financial institutions or where credit history is substantially related to job duties.
• According to the Fair Credit Reporting Act (FCRA), employers must obtain written authorization from applicants before conducting background checks through consumer reporting agencies.
• If a background check leads to denial of employment, the employer must inform the candidate and provide them with a copy of the report. Colorado law also allows appeals for denials of firearm transfers based on background checks.
• Colorado is a point-of-contact state for firearm background checks, meaning the Colorado Bureau of Investigation (CBI) conducts these checks using state and federal records.
• Employers must comply with Colorado laws and regulations when conducting background checks, including ban-the-box rules, the seven-year reporting restriction, limits on credit history usage, and providing candidates with notice and a copy of background check results.

By understanding and adhering to these key laws and regulations, employers can conduct fair and compliant background checks while respecting the rights of job applicants in Colorado. Job seekers should also be aware of their rights and the restrictions on what information employers can consider during the hiring process.

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