Background check laws by state > Colorado
Last Updated: June 2017
Employers that are either located in Colorado or hiring Colorado residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on Colorado state laws, please visit the state legislature.
CRS 12-14-.3-105.3 (1)e: Colorado's reporting laws are preempted by the FCRA.
Please be aware that while this law is on the books, it does not regulate consumer reporting agencies. The FCRA is the controlling law in Colorado, and allows reporting of criminal convictions indefintely.
CR-605(a) No consumer reporting agency shall make any consumer report containing any of the following items of information: (e) Records of arrest, indictment or conviction of a crime that, from the date of disposition, release, or parole, predate the report by more than seven years. 2) The provisions of subsection (1) of this section do not apply to the case of any consumer report to be used in connection with: (c) The employment of an individual at an annual salary that equals or is reasonably expected to equal seventy-five thousand dollars or more.
In other words:
Under Colorado law, CRAs cannot report on criminal information that is older than 7 years, unless the salary of the job in question equals or is expected to equal $75,000 or more.
(3) (a) An employer shall not use consumer credit information for employment purposes unless the information is substantially related to the employee's current or potential job. An employer or employer's agent, representative, or designee shall not require an employee to consent to a request for a credit report that contains information about the employee's credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers as a condition of employment unless:
(b) When consumer credit information is substantially related to the employee's current or potential job, an employer may inquire further of the employee to give him or her the opportunity to explain any unusual or mitigating circumstances where the consumer credit information may not reflect money management skills but is rather attributable to some other factor, including a layoff, error in the credit information, act of identity theft, medical expense, military separation, death, divorce, or separation in the employee's family, student debt, or a lack of credit history.
Employers in Colorado can only consider an applicant’s credit information when making employment decisions if: (1) the employer is a bank or financial institution; (2) the report is required by law; or (3) the report is significantly linked to the job in question, and the employer has good reason – which she or he has explained in writing – to ask for or use the applicant’s credit information. If an employer finds irregularities in the applicant’s credit information, the employer can give the candidate the chance to explain the causes of the irregularities.
If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.
Feel free to take a look at some of these resources for more information:
List of all courts and their contact information
Sealing Juvenile Records
Sealing Underage Drinking and Driving
Sealing a Case - Underage Alcohol
Sealing of Arrest and Criminal Records
Sealing of Criminal Conviction Records
All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.
In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.
Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx
GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.