Reviewing a candidate’s criminal history is sometimes necessary during the hiring process, but it must be done within the constraints of fair hiring legislation. These laws regulate when and how criminal background checks can be conducted and how the findings may impact hiring decisions. In this guide, we’ll explore the types of background checks Colorado employers use, the laws that govern them, and best practices for legally compliant background screening.

What Is a Colorado Background Check?

In Colorado, background checks are used by employers to verify a candidate’s qualifications and gain insight into their criminal history, education, work experience, and more. These checks may include:

• Criminal history searches at the national, federal, state, or county level.
• Education and licensing verification to confirm degrees, certifications, or professional licenses.
• Employment and reference checks to verify previous job roles and performance.
• Motor vehicle record checks for positions involving driving responsibilities.

Under the Colorado Open Records Act (CORA), most public records are available to the public. However, navigating various government agencies to obtain specific records, such as criminal histories managed by the Colorado Bureau of Investigation (CBI), can be complex.

Types of Background Checks in Colorado

Colorado employers use a variety of background checks as part of pre-employment screenings, which may also be legally required for specific roles. Certain professions, such as those in gaming, healthcare, finance, and education, mandate specific types of background checks. Additionally, firearm purchases in Colorado require a background check through the CBI Firearms InstaCheck Unit.

Employers can perform background checks independently or through a Consumer Reporting Agency (CRA). However, some positions, such as those in childcare, education, and law enforcement, require fingerprint-based checks through the CBI. Examples include:

• Childcare, Adoption, and Foster Care: The Colorado Department of Human Services requires fingerprint-based criminal and sex offender registry checks for employees of licensed family daycares, residential camps, and other related organizations.
• Adult Care: Colorado Adult Protective Services mandates criminal background checks for employees of assisted living facilities, home care agencies, and similar institutions.
• Education: Public school employees, as well as certain private and charter school staff, must undergo fingerprint-based criminal checks through the Colorado Department of Education.
• Transportation: Taxicab and transport drivers are subject to fingerprint-based CBI and FBI background checks.

CRAs, such as Identify Background Checks, offer a wide range of pre-employment screening services but may not provide fingerprint-based checks. Employers hiring for roles that require these checks often work directly with the CBI.

How Far Back Do Colorado Employment Background Checks Go?

The timeframe covered by a Colorado employment background check depends on the type of screening and whether a CRA is involved. The Fair Credit Reporting Act (FCRA) imposes a seven-year limit on arrest records without convictions, as well as liens, collections, and civil judgments. Bankruptcies can be reported for up to 10 years, but criminal convictions can be reported indefinitely under FCRA rules.

In addition, the Colorado Clean Slate Act, enacted in 2022, automatically seals certain court records after designated periods. This includes:

• Civil infractions: Sealed after four years.
• Misdemeanors: Sealed after seven years.
• Felonies: Sealed after 10 years, if specific conditions are met.

When conducting background checks independently, employers may delve as far back as necessary to verify education, employment history, or professional credentials. However, sealed criminal records are not accessible during these checks.

Colorado Background Check Laws

Colorado employers must adhere to various laws governing background checks, including:

• Colorado Employment Opportunity Act: Limits the use of credit checks in hiring, except for certain industries like finance or federal defense.
• Equal Pay for Equal Work Act: Prohibits employers from asking about a candidate’s salary history to prevent wage discrimination.
• Ban-the-Box Laws: These laws prohibit employers from inquiring about a candidate’s criminal history early in the hiring process. Under the Colorado Chance to Compete Act, employers cannot ask about criminal records on job applications and must wait until the candidate is a finalist or a conditional offer is extended before conducting a criminal background check.

Colorado also has local laws, like Denver’s ban-the-box ordinance, which apply additional regulations for employers. Employers working with CRAs must follow FCRA rules, which require:

• Notifying candidates about background checks.
• Obtaining written consent from candidates.
• Following the FCRA’s adverse action process if a candidate is rejected based on background check results.