Colorado Background Check Laws

Colorado's 'ban-the-box' law, C.R.S. § 8-2-102, prohibits employers from inquiring about an applicant's criminal history on an initial employment application. Employers may only inquire about criminal history after an applicant has received a conditional offer of employment. There are exceptions for positions where a conviction would legally disqualify an applicant or for positions requiring a fidelity bond.

Colorado's ban-the-box law adds a state-specific timing restriction on criminal history inquiries that goes beyond the federal FCRA. While FCRA governs the use of consumer reports, Colorado law dictates *when* certain information can be requested. Employers must comply with both the FCRA's disclosure and authorization requirements and Colorado's timing restrictions.

Colorado's Equal Pay for Equal Work Act (C.R.S. § 8-5-101 et seq.) prohibits employers from seeking or relying on a job applicant's wage rate history to determine a wage rate. Employers cannot ask about salary history or use it to set compensation.

Colorado's ban-the-box law (C.R.S. § 8-2-102) effectively limits the reporting of criminal history until a conditional offer of employment is made. While the federal FCRA generally allows reporting of convictions for up to seven years (with exceptions for jobs over a certain salary threshold), Colorado's law focuses on the timing of the inquiry rather than a strict reporting limitation on the age of convictions themselves, once the conditional offer stage is reached. However, employers should be mindful of the general FCRA limitations on non-conviction information (e.g., arrests not leading to conviction) which typically cannot be reported after seven years.

Colorado law allows for the sealing or expungement of certain criminal records. Employers generally cannot inquire about, or consider, sealed or expunged records. C.R.S. § 24-72-706 states that a person whose record has been sealed or expunged may state that they have not been arrested or convicted of the crime. Employers should treat sealed or expunged records as if they never occurred.

Colorado's ban-the-box law (C.R.S. § 8-2-102) is a primary fair chance hiring initiative, ensuring that applicants with criminal histories are considered based on their qualifications before their past is revealed. There are no additional statewide fair chance laws beyond this 'ban-the-box' provision.