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Employers often utilize background checks to confirm a candidate’s employment history and educational background, as well as to gain an understanding of any prior criminal records. However, understanding the intricacies of Colorado’s background check regulations and fair hiring statutes poses a challenge. Colorado-based employers are required to adhere to a multitude of federal, state, and municipal regulations pertaining to pre-employment background screenings. Delve deeper into Colorado’s fair hiring environment, the requisites for background checks, and strategies for ensuring compliance with these regulations.
Occasionally, employers may find it necessary to review a candidate’s criminal history during the hiring process. However, they must also adhere to fair hiring legislation, which may limit the timing and criteria for conducting such checks and their subsequent impact on hiring choices. Within this manual, we will investigate the practices adopted by Colorado employers concerning background checks, the regulations influencing the data they can access, and the proper procedures for conducting employment background screenings while ensuring legal conformity.
Colorado organizations utilize background checks to validate qualifications and gain insights into job candidates, employees, and volunteers. These checks encompass various screenings, including:
- Conducting criminal history checks to investigate a candidate’s criminal background at national, federal, state, or county levels.
- Verifying education or licensing to authenticate a candidate’s degrees, certifications, or professional licenses.
- Performing employment history and reference checks to corroborate a candidate’s previous employment and reach out to their professional and personal references.
- Checking motor vehicle records to examine a candidate’s driving record and license status, especially for positions involving driving responsibilities.
Under the Colorado Open Records Act (CORA), most public records are mandated to be accessible to the public. However, identifying the appropriate government agency from which to request records can pose a challenge. Criminal histories are managed by the Colorado Bureau of Investigation (CBI) for both statewide and county-specific searches.
Types Of Background Checks In Colorado
Employers routinely carry out background checks as part of the pre-employment screening process. Additionally, background checks may be mandated for professional licensing or for roles in industries such as gaming, finance, or the distribution of prescription drugs. In Colorado, a gun background check conducted through the Colorado Bureau of Investigation CBI Firearms InstaCheck Unit is obligatory for gun purchases.
Employers have the option to conduct employment background checks independently or through a consumer reporting agency (CRA). However, certain fields and positions in Colorado may necessitate mandatory criminal background checks by law. The CBI employment background check webpage furnishes details regarding positions requiring Colorado fingerprint background checks. Here are several examples:
CHILDCARE, ADOPTION AND FOSTER CARE
The Colorado Department of Human Services mandates licensing for entities and agencies offering childcare services—including licensed family daycares, child placement agencies, children’s residential camps, foster care homes, and neighborhood youth organizations. They stipulate CBI and FBI fingerprint-based criminal background and sex offender registry checks for all personnel. Individuals with a criminal record of child abuse, violent crime, unlawful sexual behavior, felony domestic violence, or a pattern of misdemeanor convictions are ineligible for hiring or volunteering positions.
ADULT CARE
Colorado Adult Protective Services necessitates CBI and FBI criminal history checks for employees of assisted living facilities, home care agencies, birth centers, residential treatment agencies, hospice, and similar entities.
EDUCATION
Public school educators and staff in Colorado, along with certain private and charter school personnel, are subject to screening via fingerprint-based criminal background checks conducted by the Colorado Department of Education. Some private schools not regulated by the CDE may opt for name-based criminal background checks.
PUBLIC SAFETY AND SECURITY
Although local agencies may establish their own prerequisites for pre-employment background screening, police officers, emergency medical responders, and certain private security officers in Colorado must undergo CBI and FBI fingerprint-based criminal history searches.
TRANSPORTATION
Employers of taxicab and passenger transport drivers are required to conduct fingerprint-based CBI and FBI screening.
While CRAs like Rapid Hire Solutions offer an array of pre-employment screening services, including criminal background checks, most do not provide Colorado fingerprint background check services. If you are hiring for a position necessitating such a check, you may prefer direct collaboration with the CBI.
How Far Back Do Colorado Employment Background Checks Go?
The extent to which an employment background check in Colorado can legally reach back depends on two factors: the nature of the background check being conducted and whether it is being facilitated by a Consumer Reporting Agency (CRA) or conducted independently. The federal Fair Credit Reporting Act (FCRA) imposes a seven-year timeframe for reviewing arrests that did not result in convictions, as well as for liens, collections, and civil judgments. Bankruptcies are limited to a period of 10 years. These time constraints do not apply to checks carried out directly by employers (as opposed to those conducted through a CRA). According to the FCRA, criminal convictions may be reported indefinitely, regardless of their age.
Curious about the scope of a CBI background check? Criminal history records obtained through the Colorado Bureau of Investigation typically extend back seven years.
Driving records maintained by the Colorado Division of Motor Vehicles typically cover activity from the preceding seven years, although this timeframe may vary.
A Colorado law enacted in 2022, known as the Clean Slate Act, impacts the duration of lookback periods by automatically sealing court records (excluding violent crimes) after a designated period:
- Civil infractions may be sealed four years after the final disposition.
- Misdemeanors may be sealed after seven years.
- Felonies may be sealed 10 years after the final disposition or release from incarceration.
Employers conducting background checks will not have access to sealed records concerning a candidate’s criminal history.
When conducting checks without the assistance of a CRA, one may delve as far back as necessary to verify education, employment history, credentials, or licenses.
Colorado Background Check Laws
Employers in Colorado are required to adhere to the FCRA while ensuring compliance with state regulations governing background checks. Various laws in Colorado govern background checks, including:
COLORADO EMPLOYMENT OPPORTUNITY ACT
Under the Colorado Employment Opportunity Act, employers with four or more employees are restricted from checking a job candidate’s consumer credit report unless it’s “substantially related” to the position or mandated by law. However, exceptions are provided for banks, other financial institutions, and employers filling positions involving contracts with federal defense, intelligence, national security, or space agencies to conduct credit checks as part of standard pre-employment screening.
EQUAL PAY FOR EQUAL WORK ACT
The Equal Pay for Equal Work Act prohibits employers from inquiring about past salaries during employment verification. This restriction aims to prevent wage discrimination by prohibiting employers from seeking wage rate history from prospective employees and using it to determine future pay.
BAN-THE-BOX LAWS
Colorado boasts two statewide ban-the-box laws that govern the utilization of pre-employment criminal background checks. These laws derive their name from the practice of incorporating a checkbox on job applications, inquiring whether candidates have a criminal record. Aimed at ensuring equitable treatment for candidates with a criminal history and furnishing fair hiring standards for employers, Colorado’s background check laws restrict the timing and manner in which employers may utilize criminal history in the employee screening process.
House Bill 12-1263 pertains to specific employers, encompassing public or private correctional facilities, public or private juvenile facilities, the public employees’ retirement association, and the Department of Public Safety. The legislation imposes constraints on the following:
- Employers are prohibited from stating in job advertisements that individuals with criminal records are ineligible to apply.
- They cannot conduct a background check on a job applicant until determining the applicant as a finalist or after extending a conditional offer of employment.
- Employers are barred from rescinding a job offer or opting not to extend an offer based solely on an arrest or non-conviction.
- Decisions to withhold a job offer or retract it based on a conviction—regardless of expungement, sealing, pardon, or dismissal—are impermissible unless the employer determines the candidate’s disqualification after evaluating factors such as the nature of the conviction, its relevance to the position’s duties, the time elapsed since the conviction, and evidence of rehabilitation and good conduct post-conviction.
Originally applicable to employers with 11 or more employees, the Colorado Chance to Compete Act now extends to all Colorado employers. This legislation permits employers to procure publicly available criminal background reports for applicants at any stage of the hiring process. However, employers are prohibited from:
- Indicating in job advertisements that individuals with a criminal history are ineligible to apply.
- Stating on applications that individuals with a criminal history are ineligible to apply.
- Inquiring into or mandating disclosure of an applicant’s criminal history on initial application forms.
Exceptions apply if specific criminal histories are legally precluded for certain positions, or if conducting a criminal background check is mandated by law or regulation. Additionally, positions within government programs at federal, state, or local levels that encourage the hiring of individuals with criminal histories are exempt.
Apart from these statewide ban-the-box laws, Colorado employers must adhere to local fair hiring regulations, including a ban-the-box ordinance applicable to the city and county of Denver. Employers collaborating with Consumer Reporting Agencies (CRAs) for background checks during the hiring process must comply with Fair Credit Reporting Act (FCRA) regulations, including:
- Notifying candidates of the intent to conduct background checks as part of the hiring process.
- Obtaining written consent from candidates before initiating background checks.
- Following the FCRA adverse action process if opting not to extend a job offer.
Federal law prohibits discrimination based on various factors. To prevent adverse impacts on protected classes of job applicants, the Equal Employment Opportunity Commission (EEOC) advises employers against considering arrests without convictions and recommends conducting individualized assessments relevant to job requirements before denying employment based on criminal convictions.
Given the array of federal, state, and local regulations, employers may opt to adhere to the most stringent laws in each circumstance to mitigate potential liabilities.
County Resources
ADAMS COUNTY
Adams County, situated to the north and east of Denver, constitutes a vital segment of the greater Denver metropolitan area while remaining conveniently close to Fort Collins for commuting purposes. Hosting a population of 519,572 individuals, its principal cities are Thornton and Westminster. Additionally, Aurora, with a populace of 387,377, spans across Adams County, Arapahoe County, and Douglas County. Notably, Adams County boasts the Rocky Mountain Arsenal Wildlife Refuge, sprawling over 15,000 acres, serving as a haven for wildlife and occupying the grounds of a former chemical weapons manufacturing facility.
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ARAPAHOE COUNTY
Arapahoe County, the third most populous county in Colorado with 655,070 residents, derives its name from the Arapaho Native Americans. Being Colorado’s inaugural county, its establishment predates the Pike’s Peak Gold Rush of 1858. Notably, Arapahoe County encompasses parts of Aurora, along with its most populous cities, Centennial, Southglenn, and Englewood.
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BOULDER COUNTY
Boulder County, boasting a population of 330,758 residents, accommodates nearly 30,000 students attending the University of Colorado Boulder, a distinguished research institution. Boulder, serving as the county seat, stands as its most populous city, followed by Longmont. Positioned 30 miles northwest of Denver, Boulder, while being part of the greater Denver metropolitan area, distinguishes itself with its picturesque setting in the Rocky Mountain foothills and its identity as a vibrant college town.
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DENVER COUNTY
Denver, functioning as both a city and county, holds the distinction of being the most populous city and the second most populous county in Colorado, housing 715,522 residents. Earning the moniker “Mile High City” due to its precise elevation one mile above sea level, Denver is often perceived as a mountainous locale, although situated on the western fringe of the High Plains, east of the Rocky Mountains. Renowned for its array of professional sports teams, eco-friendly innovations, and a vibrant downtown renowned for its craft brewing scene, Denver is esteemed as one of the premier places to reside in the United States.
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A city-wide ban-the-box law applies to public sector employees in the city of Denver.
DOUGLAS COUNTY
Douglas County, nestled halfway between Colorado’s two largest cities, Denver and Colorado Springs, boasts a population of 357,978 residents. Notably, its largest city, Castle Rock, accommodates approximately 70,000 inhabitants. Recognized for possessing the highest median household income in Colorado, Douglas County garnered acclaim as the third healthiest county in America in 2021, according to US News.
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EL PASO COUNTY
El Paso County stands as Colorado’s most populous county, with 730,395 residents. Its county seat and largest city is Colorado Springs, alongside other notable cities such as Fountain and Fort Carson. Colorado Springs is renowned for hosting four military installations, including Fort Carson, US Air Force Academy, Peterson Air Force Base, and Schriever Air Force Base, as well as the North American Air Defense Command (NORAD). Additionally, the city is distinguished for attractions like the US Olympic & Paralympic Museum, the Pike’s Peak cog railway, and the Manitou cliff dwellings.
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JEFFERSON COUNTY
Jefferson County, commonly referred to as Jeffco, boasts a population of 582,910 residents, positioning it as Colorado’s fourth most populous county. Its primary urban center is Lakewood, followed by Arvada and Wheat Ridge. Notably, Jeffco encompasses Golden, renowned as the headquarters of the Coors Brewing Company and the Colorado School of Mines, specializing in mining, geology, chemistry, and engineering.Public Information & Records:
LARIMER COUNTY
Larimer County, home to Colorado State University and acclaimed as the “Napa Valley of craft beer,” accommodates a population of 359,066 residents, with nearly half residing in its largest city, Fort Collins. Notably, Larimer County experiences growth as individuals priced out of nearby Denver and Boulder migrate northward in search of open spaces and affordable living. Beyond Fort Collins, notable towns within the county include Loveland, Berthoud, Wellington, and Estes Park.
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MESA COUNTY
True to its name, Mesa County is situated in a high desert region characterized by expansive flat-topped mountains or hills known as mesas. Serving as the county seat and largest city, Grand Junction accommodates 63,447 of the county’s 155,703 residents. Grand Junction’s breathtaking scenery sets the stage for over 20 wineries, contributing to its recognition as the second-best place to retire in the US in 2022 by Kiplinger.
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PUEBLO COUNTY
Pueblo County, home to the cities of Pueblo and Pueblo West, houses the majority of its 168,162 residents. Pueblo, positioned approximately two and a half hours away from Denver and four hours from Santa Fe, New Mexico, is renowned as one of the largest steel-producing cities in the US, earning the moniker “Steel City.” Additionally, it hosts Colorado State University Pueblo.
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WELD COUNTY
Weld County, distinguished for its agriculture and development in oil and natural gas, emerges as one of the fastest-growing metropolitan areas in the state. Experiencing a population surge of over 30 percent between 2010 and 2020, Weld County now accommodates 328,981 residents. Greeley, serving as the county seat, is situated 30 miles southeast of Fort Collins and 55 miles northeast of Denver. Notably, it hosts the University of Northern Colorado and the Greeley Air National Guard Station.
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Get A Colorado Background Check With Rapid Hire Solutions
Employers in Colorado seeking to enhance their hiring decisions through background checks, all while ensuring legal compliance, can streamline the process by partnering with a reputable Consumer Reporting Agency (CRA) such as Rapid Hire Solutions. With over 100 screening options available, Rapid Hire Solutions provides employers with a user-friendly online platform supported by FCRA-trained professionals, ensuring a seamless experience from initiation to completion. To gain further insights into background checks with Rapid Hire Solutions, we encourage you to get in touch with our sales team.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws