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Colorado background check laws for employers
Colorado bars all private employers from asking about criminal history on the first job application or saying in ads that people with records cannot apply, but employers may still run a background report at any time. Consumer reports may not show criminal records older than 7 years, sealed or expunged records, or arrests that did not lead to a conviction, with no salary exception for jobs. Colorado also limits employer use of credit reports to jobs where credit is substantially related to the work.
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Fair-chance hiring (criminal history)
- Employers may not say in a job ad or on any application that people with a criminal history may not apply (C.R.S. § 8-2-130(3)(a)(I)-(II)).
- Employers may not ask about, or require disclosure of, criminal history on the initial written or electronic application form (C.R.S. § 8-2-130(3)(a)(III)).
- The law has covered employers with 11 or more employees since September 1, 2019, and all employers since September 1, 2021 (C.R.S. § 8-2-130(3)(a)).
- "Criminal history" means records of arrests, charges, pleas, or convictions for any misdemeanor or felony (C.R.S. § 8-2-130(2)(a)).
- An employer may get an applicant's publicly available criminal background report at any time (C.R.S. § 8-2-130(3)(b)).
- The state law does not require a conditional offer before a check, an individualized assessment, or extra notices beyond federal FCRA (C.R.S. § 8-2-130).
- The law does not apply to jobs where federal, state, or local law bars people with a specific criminal history, requires a criminal record check, or that are in a government program to hire people with records (C.R.S. § 8-2-130(4)).
- The Colorado Department of Labor and Employment takes complaints filed within 12 months; penalties are a warning for a first violation, up to $1,000 for a second, and up to $2,500 for later ones, with no private lawsuit (C.R.S. § 8-2-130(5)).
- State and local government employers have separate, stricter rules, such as local agencies waiting to run a background check until an applicant is a finalist or has a conditional offer (C.R.S. § 24-5-101(3)).
City and county rules
- No Denver ordinance limiting private employers' criminal history questions was found; a search of the Denver Revised Municipal Code turned up only licensing rules (Denver Revised Municipal Code, searched Oct. 2026).
State consumer report rules
- A consumer reporting agency may give a credit report for employment only if the applicant or employee is first told a credit report may be requested and consents in writing (C.R.S. § 5-18-104(1)(c)(II)).
- A consumer reporting agency may not give an employer a report with medical information unless the person consents (C.R.S. § 5-18-109(3)).
- A consumer reporting agency may not stop an employer from giving the person a copy of the report, and explaining it, when adverse action is planned or taken (C.R.S. § 5-18-104(2)).
- Consumer reporting agencies must leave sealed and expunged records out of consumer reports unless the user is required by law to consider them (C.R.S. § 5-18-105).
How far back a report can go
- Consumer reports may not include records of arrest, indictment, or conviction that are more than 7 years old, counted from disposition, release, or parole (C.R.S. § 5-18-109(1)(e)).
- Colorado's 7-year limit has no salary exception for jobs; the only exception is for large credit deals above the national conforming loan limit (C.R.S. § 5-18-109(2)).
- Consumer reports may not include sealed records, expunged records, or records that did not result in a conviction (C.R.S. § 5-18-109(1)(e.5)).
- Employers may not require an applicant to disclose sealed criminal records in an application, an interview, or any other way (C.R.S. § 24-72-703(2)(d)(I)).
- An applicant with sealed records may say they have not been criminally convicted, and may not be denied solely for refusing to disclose sealed records (C.R.S. § 24-72-703(2)(d)(I)).
- Employers required by law to run a criminal history check may use sealed convictions for that lawful purpose (C.R.S. § 24-72-703(2)(a)(III)).
Credit checks
- Employers may not use consumer credit information for employment purposes unless it is substantially related to the person's current or potential job (C.R.S. § 8-2-126(3)(a)).
- "Substantially related" covers certain executive or management jobs (with control, fiduciary duty, access to financial or personal data, or authority to pay, collect, or contract), federal defense or intelligence contract jobs, and bank or financial institution jobs (C.R.S. § 8-2-126(2)(g)).
- Employers may not require consent to a credit report showing scores, balances, or payment history unless the employer is a bank or financial institution, the report is required by law, or it is substantially related to the job with a bona fide purpose disclosed in writing (C.R.S. § 8-2-126(3)(a)).
- If an employer relies on credit information for adverse action, it must tell the person, in writing (or the same medium as the application), and say what information it relied on (C.R.S. § 8-2-126(4)).
- Complaints go to the Division of Labor Standards and Statistics, which may award civil penalties up to $2,500 (C.R.S. § 8-2-126(5)-(6)).
Also good to know
- Nursing care facilities and home care agencies must run a criminal history check within 90 days before hiring, and employers giving direct care to at-risk adults use the state CAPS check (C.R.S. §§ 25-1-124.5, 25-27.5-107, 26-3.1-111).
Common questions
Can Colorado employers run a background check?
Colorado bars all private employers from asking about criminal history on the first job application or saying in ads that people with records cannot apply, but employers may still run a background report at any time. Consumer reports may not show criminal records older than 7 years, sealed or expunged records, or arrests that did not lead to a conviction, with no salary exception for jobs. Colorado also limits employer use of credit reports to jobs where credit is substantially related to the work.
Does Colorado have a ban-the-box law for private employers?
Employers may not say in a job ad or on any application that people with a criminal history may not apply (C.R.S. § 8-2-130(3)(a)(I)-(II)).
How far back does a background check go in Colorado?
Consumer reports may not include records of arrest, indictment, or conviction that are more than 7 years old, counted from disposition, release, or parole (C.R.S. § 5-18-109(1)(e)).
Can Colorado employers run credit checks on applicants?
Employers may not use consumer credit information for employment purposes unless it is substantially related to the person's current or potential job (C.R.S. § 8-2-126(3)(a)).
Some rules for Colorado weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- C.R.S. Title 8 (2024 official uncertified printout, incl. §§ 8-2-126, 8-2-130)
- C.R.S. Title 5 (2024 official printout, Colorado Consumer Credit Reporting Act §§ 5-18-101 to -118)
- C.R.S. Title 24 (2024 official printout, §§ 24-5-101, 24-72-703)
- C.R.S. Title 25 (2024 official printout, §§ 25-1-124.5, 25-27.5-107)
- C.R.S. Title 26 (2024 official printout, § 26-3.1-111)
- C.R.S. § 8-2-130 (Colorado Public Law, checked for 2025 amendments)
- C.R.S. § 5-18-109 (Colorado Public Law, checked for 2025 amendments)
- Denver Revised Municipal Code (Municode, searched)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.