Run a Check in Colorado

Colorado Background Check Laws: What Employers Need to Know

Colorado has its own background check statute, but the timing of when it passed means federal FCRA standards take precedence on reporting. Colorado also layers on several employer-facing rules around hiring practices, credit reports, and applicant privacy, relevant across the state's aerospace, tech, agriculture, and tourism industries, whether you're hiring in Denver, Colorado Springs, or Boulder.

Reporting Time Limits

Colorado's version of an FCRA-style statute was passed after the federal cutoff date for states to set their own reporting content rules, so it's preempted by federal law. This was affirmed in Simon v. DIRECTV, Inc. (U.S. Dist. Ct. CO, 2010). In practice, this means criminal convictions are reportable without a state-imposed time limit, in line with standard FCRA treatment.

Ban-the-Box: Inquiry After Completion of Application

Employers can't state in job postings or on applications that a criminal history will disqualify a candidate. This applies to felony and misdemeanor records (traffic offenses are excluded, except serious ones like DUI or DWI). The rule took effect September 1, 2019 for employers with 11 or more employees, and September 1, 2021 for all employers. Employers can still review public records as part of their process.

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Ban-the-Box for Public Employers

State agencies, including state licensing agencies, can't run a background check until a candidate has been named a finalist or received a conditional job offer.

Use of Credit Reports

Employers can't use consumer credit information to evaluate a candidate or employee unless the position specifically qualifies for an exception, or the report is substantially related to the role. When a credit report is pulled under that "substantially related" standard, the candidate must be notified. Employers should double check their disclosure and authorization forms reflect this.

Social Media Password Protections

Employers can't request or require an employee or applicant to disclose usernames, passwords, or other access to their personal accounts or devices, and can't require them to add the employer as a contact on a personal social media account.

Sealed, Expunged, or Pardoned Records

Employers can't ask about or require disclosure of sealed records, and can't deny employment based on a candidate's choice not to disclose one. Expunged records can't be used at all, and if a charge was expunged due to mistaken identity, that needs to be reflected accurately.

Common Questions from Colorado Employers

Does Colorado have a Ban-the-Box law? Yes. Employers can't state in job postings or applications that a criminal history will disqualify a candidate, with the rule fully in effect for all employers since September 1, 2021.

Can I use a credit report to screen candidates in Colorado? Only if the law specifically permits it, or the report is substantially related to the position. If it's pulled under that standard, the candidate must be notified.

Are sealed or expunged records off-limits when hiring in Colorado? Yes. Employers can't ask about sealed records or use expunged records at all, and can't deny employment solely for a candidate declining to disclose a sealed record.

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Pass-Through Fees for Colorado Records

Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.

This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.