Accessing Criminal Records
In Colorado, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records.
Employers with at least four employees are not allowed to check a job applicant’s consumer credit report unless the information is “substantially related” to the position or is required by law. Banks and other financial institutions, as well as employers filling positions involving contracts with defense, intelligence, national security, or space agencies of the federal government, are allowed to conduct credit checks as part of regular pre-employment screening.
All employers in Colorado are prohibited from asking about past salaries as part of their employment verification as part of an effort to stop wage discrimination.
NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Ban the Box Policies – Colorado
The state of Colorado has two ban-the-box laws that regulate the use of pre-employment criminal background checks. For employers in public or private correctional facilities (including juvenile facilities), the public employees’ retirement association and the Department of Public Safety, the following restrictions apply:
• Employers can’t state in a job advertisement that people with criminal records “may not apply.”
• Employers may not conduct a background check on a job candidate until they determine the applicant is a finalist or they have made a conditional offer of employment.
• Employers cannot withdraw an offer of employment or decide not to offer a job based on an arrest or non-conviction.
• Employers may not decide against offering a job or withdraw an offer based on a conviction—whether or not it has been expunged, sealed, pardoned, or dismissed—unless they have determined that the candidate is disqualified after considering the nature of the conviction; the relationship between the conviction and the position’s duties and responsibilities; the time elapsed since the conviction; and rehabilitation and good conduct shown since the conviction.
The Colorado Chance to Compete Act, which applies to all Colorado employers, states that employers may obtain a criminal background report for an applicant during the hiring process. However, the employers may not:
• State in a job advertisement that a person with a criminal history may not apply
• State on an application that a person with a criminal history may not apply
• Inquire into or require disclosure of an applicant’s criminal history on an initial application form
Exceptions apply if the law prohibits hiring a person with a specific criminal history for the position, or if the employer is required to conduct a criminal background check by law or regulation. Positions that are part of federal, state, or local government programs that encourage the hiring of people who have criminal histories are also exempt.
In addition to the state laws, the city and county of Denver have also adopted ban-the-box laws. Since the extent of these city and county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
