Background checks in Colorado: Laws and employment screening
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Employers may conduct a background check in Colorado to help verify a candidate’s qualifications. This guide can help employers understand how pre-employment background checks are typically conducted. Whether your organization chooses to run background checks directly or screen candidates using a consumer reporting agency (CRA), it’s important to follow Colorado’s background check laws for employment, along with federal and local regulations.
Key takeaways
- Most non-conviction information is limited to a seven-year lookback period
- Criminal convictions can often be reported indefinitely, though Colorado's Clean Slate Act automatically seals some records
- The Colorado Chance to Compete Act prohibits most employers from inquiring about criminal history on initial job applications
- Employers are generally restricted from checking candidates’ credit history and are prohibited from asking about past salary information
- Employers must follow the federal Fair Credit Reporting Act (FCRA), including disclosure, consent, and adverse action requirements
What is a Colorado background check?
An employment background check in Colorado searches and reviews public information about a candidate’s qualifications and history. Common types of background checks in Colorado include the following:
- Criminal background checks in Colorado search national, federal, state, or county criminal records and report misdemeanor and felony convictions.
- Motor vehicle record (MVR) checks review a candidate’s license status and driving record.
- Education or professional license verification confirms a candidate’s academic credentials, degrees earned, or current licensure.
- Employment verification validates a candidate’s previous employers, the positions they held, and the duration of their employment.
- Drug testing can help maintain a safe and productive work environment.
Under the Colorado Open Records Act (CORA), most public records are required to be available to the public. Both state and county criminal records are maintained by the Colorado Bureau of Investigation (CBI). As an employer, you can directly conduct your own employment background check in Colorado, or you can choose to partner with a qualified consumer reporting agency (CRA), like Checkr.
How far back do background checks go in Colorado?
How far back a background check goes depends on the type of screening you’re conducting and whether you’re working with a CRA or searching for information on your own.
Colorado employers that work with a CRA must comply with the federal Fair Credit Reporting Act (FCRA). The FCRA restricts non-conviction information reported by a CRA to a seven-year lookback period. This information includes arrests, civil judgments, tax liens, and most credit report information.
Colorado doesn’t limit how far back criminal convictions may be reported, although any non-conviction information must be reported in compliance with the FCRA. Driving records maintained by the Colorado Division of Motor Vehicles generally reflect activity from the past seven years, though the state stores information that goes back further.
If you’re an employer conducting background checks without the help of a CRA, you may go back as far as you need to verify a candidate’s education, employment history, credentialing, or licensing.
Colorado background check laws for employment
In Colorado, employers should be aware of all laws that apply to the background check and hiring processes. This includes fair hiring practices and regulations for criminal background checks in the state, as well as the federal FCRA that applies to employers in all states. Here’s a closer look at Colorado background check laws.
Law or Act | Key restriction |
Employment Opportunity Act | Restricts credit history checks for most positions |
Equal Pay for Equal Work Act | Prohibits asking about past salary or wage history |
House Bill 12-263 | Prohibits state agencies from discouraging applicants with criminal records from applying for state roles |
Clean Slate Act | Automatically seals certain non-violent criminal records after specific timeframes |
Chance to Compete Act | Prohibits criminal history inquiries on initial applications |
Fair Credit Reporting Act (FCRA) | Federal law requiring disclosure, consent, and adverse action procedures when using consumer reports for employment |
Colorado Employment Opportunity Act
Under the Employment Opportunity Act, employers with more than four employees typically cannot use a candidate’s credit history to make a hiring decision. Exceptions include:
- When a credit check is required by law
- When credit information is “substantially related” to the position
- When the position is with the federal government, space agencies, defense, intelligence, or national security
Also, positions related to the federal government or space agencies along with jobs that may deal with defense, intelligence, or national security are excluded from the act. Due to the sensitive nature of these roles, an employer can conduct credit checks as part of their hiring process.
Equal Pay for Equal Work Act
Colorado employers are generally prohibited from asking about a candidate’s past salary information as part of employment verification during the hiring process. This law is designed to help protect candidates against wage discrimination. Employers also cannot use someone’s wage history to determine the salary or pay rate of the job for which the candidate is now applying.
House Bill 12-1263
Colorado has enacted a statewide Ban the Box law that applies to all state agencies and is designed to help protect candidates by regulating how agencies may use criminal background checks in Colorado. Under House Bill 12-1263, Colorado state agencies are restricted in how they may use criminal history in hiring:
- Job postings cannot include language that discourages applicants with criminal records.
- Employers and CRAs cannot conduct background checks until the candidate is a finalist or receives a conditional offer.
- Individualized assessments must be conducted for candidates with criminal records, and they must consider the nature of the conviction, job relevance, time elapsed, and rehabilitation before the employer withdraws an offer.
- Arrests and non-convictions cannot be a reason for a hiring decision.
The Clean Slate Act
Under Senate Bill 22-099, also known as the Clean Slate Act, court records for non-violent crimes are automatically sealed after specific timeframes:
Type of offense | Sealing timeline |
Civil infractions | Four years after final disposition |
Criminal misdemeanors | Seven years after final disposition |
Felonies | Ten years after final disposition or release |
Note that the FCRA may preempt certain state laws. In cases where preemption is permitted, this would allow reporting of criminal convictions indefinitely.
Colorado Chance to Compete Act
This Ban the Box law applies to all Colorado employers, not just state agencies. While employers may access publicly available criminal background reports at any time, the law prohibits:
- Adding language in a job posting or application that forbids people with a criminal history from applying
- Inquiring about or requiring a candidate to provide information about their criminal history on the initial application
An employer may be excluded from following this law if the role requires a criminal background check by law or regulation. Also, if the job is part of hiring programs that encourage employers to hire people with criminal histories, the employer could be exempt.
Fair Credit Reporting Act (FCRA)
Employers conducting Colorado background checks through a CRA must comply with the requirements of the federal Fair Credit Reporting Act:
- Disclosure: Provide clear written notice of intent to conduct a background check.
- Consent: Obtain written authorization from the candidate to conduct a background check.
- Adverse action: Follow the adverse action process before denying employment based on the results of a background check.
Employers who are unsure of Colorado background check laws may wish to consult their legal counsel or to comply with the strictest laws to avoid potential liability.
County resources
Use the table below to access the public records information and request requirements in some of Colorado’s largest counties.
Adams County | |
Arapahoe County | |
Boulder County |
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Denver County |
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Douglas County | |
El Paso County | |
Jefferson County | |
Larimer County | |
Pueblo County | |
Weld County |
Get a Colorado background check for employment with Checkr
Colorado employers looking for a more streamlined approach to a background check in Colorado can benefit from partnering with a trusted background check provider, like Checkr. Partnering with Checkr enables employers of all sizes to conduct background checks with accurate results and fast turnaround times. Our platform offers many background screening options with built-in compliance tools and automated workflows to simplify the hiring process while reducing bias. Get started with a Colorado background check for employment.
Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.
About the author
As Compliance Manager, Danielle analyzes the ever-changing laws and regulations affecting background screening to ensure that Checkr and its customers stay compliant. She also writes content to educate employers about background checks, screening best practices, and fair hiring laws.
