Colorado Background Check Laws

Info Cubic Ninja's summary

Employers for the public sector hiring for the State of Colorado are prohibited from performing a background screening until the agency has determined that the applicant is a finalist for the open position or receives a conditional job offer. Inquiries into an applicant’s criminal history cannot be made at the initial stage of the state employment application process.

(1)(a) Except as otherwise provided in paragraph (b) of this subsection (1), the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent the person from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration required by the laws of this state to follow any business, occupation, or profession.

(b) This subsection (1) shall not apply to:

(I) The offices and convictions described in section 4 of article XII of the state constitution ;

(II) The certification and revocation of certification of peace officers as provided in section 24-31-305 ;

(III) The employment of personnel in positions involving direct contact with vulnerable persons as specified in section 27-90-111, C.R.S .;

(IV) The licensure or authorization of educators prohibited pursuant to section 22-60.5-107(2) , (2.5) , or (2.6), C.R.S .;

(V) The employment of persons in public or private correctional facilities pursuant to the provisions of sections 17-1-109.5 and 17-1-202(1)(a)(I) and (1.5), C.R.S ., and the employment of persons in public or private juvenile facilities pursuant to the provisions of sections 19-2-403.3 and 19-2-410(4), C.R.S .;

(VI) The employment of persons by the public employees’ retirement association created pursuant to section 24-51-201 who, upon the commencement of that employment, will have access to association investment information, association assets, or financial, demographic, or other information relating to association members or beneficiaries;  and

(VII) The employment of persons by the department of public safety and the department of corrections.

(2) Whenever any state or local agency is required to make a finding that an applicant for a license, certification, permit, or registration is a person of good moral character as a condition to the issuance thereof, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude, and pertinent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is a person of good moral character at the time of the application.  The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.

(3)(a) Unless statute prohibits the employment of a person with a specific criminal conviction for a particular position, an agency shall not advertise the position with a statement that a person with a criminal record may not apply for the position or place on the application a statement that a person with a criminal record may not apply for the position.

(b) With the exception of the department of corrections and the department of public safety, the agency shall not perform a background check until the agency determines that an applicant is a finalist or makes a conditional offer of employment to the applicant.

(c) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, the agency determines that the applicant has been arrested or charged but not convicted of a criminal offense and the criminal case is not actively pending, the agency shall not use that information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment.

(d) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, the agency determines that the applicant has had a criminal conviction expunged or sealed from his or her record, received a pardon, or that charges were dismissed pursuant to successfully completing a deferred judgment or sentence, the agency shall not use that information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment unless, after reviewing the factors in subsection (4) of this section, the agency determines that the applicant should be disqualified for the position.

(e) Nothing in this section prevents an agency from considering criminal history information that the applicant voluntarily provides.

(4) Except as provided in subsection (6) of this section, if, after determining that an applicant is a finalist or making a conditional offer of employment to an applicant, the agency determines that the applicant has been convicted of a crime, the agency shall consider the following factors when determining whether the conviction disqualifies the applicant for the position:

(a) The nature of the conviction;

(b) Whether there is a direct relationship between the conviction and the position’s duties and responsibilities and the bearing, if any, the conviction may have on the applicant’s fitness or ability to perform one or more such duties and responsibilities, including whether the conviction was for unlawful sexual behavior as listed in section 16-22-102(9), C.R.S ., and whether the duties of employment would place a co-worker or the public in a vulnerable position;

(c) Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct;  and

(d) The time that has elapsed since the conviction.

(5) Notwithstanding any other provision of law to the contrary, the provisions of this section apply to the office of the governor.

(6) If, at any stage in the hiring process, the department of corrections or the department of public safety determines that the applicant has been convicted of a crime, the department must consider the factors listed in paragraphs (a) to (d) of subsection (4) of this section when determining whether the conviction disqualifies the applicant for the position.

Info Cubic Ninja's summary

An employer can only obtain a credit report on a potential candidate after they have issued that applicant a conditional offer of employment. Additionally, an employer may NOT obtain or use an applicant’s credit report or credit history in making a hiring decision unless there is a substantial relationship between the credit history and the position’s duties and qualifications.

An employer obtaining a credit report must provide to the applicant a notice that a credit report will be obtained.

An employer can only obtain a credit report using the “substantially related” exception after a conditional offer of employment is made if:

• (1) State or Federal Law authorizes the employer to obtain a credit report; or
• (2) The position is for a federally insured financial institution; or
• (3) The position is for executive and management personnel or officers with a fiduciary relationship to the employer.

The offer of employment may be revoked upon review of the credit report only if there is a substantial relationship between credit history and the position’s duties and qualifications.

The full text of the Colorado Revised Statute 8-2-126 can be found at https://www.colorado.gov/pacific/sites/default/files/Employment%20Opportunity%20Act.pdf.