Colorado Background Check Laws for Employers (2026)
Colorado background check laws are among the strictest in the West. Its seven-year conviction limit, ban-the-box rule, and credit check ban all affect hiring.
This guide explains the statutes, lookback limits, application question rules, and state agencies Colorado employers need to know before screening applicants.
Colorado Background Check Laws at a Glance
First, scan this table to see which rules apply to your hiring. Then, read the detailed sections below.
Colorado layers its own consumer reporting act, ban-the-box law, and credit check limits on top of the federal FCRA. The table maps each law to the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; Colorado Consumer Credit Reporting Act, C.R.S. § 5-18-101 et seq. | Requires a disclosure, written authorization, and adverse action notices; the state act adds tighter reporting limits. | FTC and CFPB; Colorado Attorney General; civil lawsuits |
| State criminal records | CBI name-based and fingerprint checks | Sells name-based criminal history checks and processes over 100 fingerprint categories. | Colorado Bureau of Investigation (CBI) |
| Fair chance / ban the box | Chance to Compete Act, C.R.S. § 8-2-130 | Bars criminal history questions on initial applications for all private employers. | CDLE Division of Labor Standards and Statistics |
| Public employers | C.R.S. § 24-5-101 | Agencies wait until the finalist stage or a conditional offer to run a check. | State and local agencies |
| Sealed and expunged records | C.R.S. § 24-72-703; Clean Slate Act, C.R.S. §§ 24-72-705, 24-72-706 | Employers may not require disclosure of sealed records; eligible records seal automatically after 4, 7, or 10 years. | Colorado courts; CBI |
| Lookback limits | C.R.S. § 5-18-109 | Caps reportable criminal records at seven years; no salary exception since August 10, 2022. | Colorado Attorney General; civil lawsuits |
| Non-conviction records | C.R.S. § 5-18-109(1)(e.5) | Screeners may never report sealed, expunged, or non-conviction records. | Colorado Attorney General; civil lawsuits |
| Credit reports | Employment Opportunity Act, C.R.S. § 8-2-126 | Bans credit checks unless substantially related to the job or legally required. | CDLE Division of Labor Standards and Statistics |
| Salary history and pay transparency | Equal Pay for Equal Work Act, C.R.S. §§ 8-5-102, 8-5-201 | Bans wage history questions; job postings must list pay, benefits, and the application close date. | CDLE Division of Labor Standards and Statistics |
| Drug and marijuana testing | C.R.S. § 24-34-402.5; Coats v. Dish Network | Off-duty marijuana use is not protected lawful activity, so employers may test. | Colorado courts |
| Application questions | C.R.S. § 24-34-402(1)(d); Job Application Fairness Act, C.R.S. § 8-2-131 | Bars discriminatory inquiries and age, birth date, or graduation date questions on initial applications. | Colorado Civil Rights Division; CDLE Division of Labor Standards and Statistics |
| E-Verify | C.R.S. § 8-17.5-102; Form I-9, 8 C.F.R. § 274a.2 | No private mandate; contractors on public service contracts must verify new hires. | Contracting agencies; USCIS |
| Social media | C.R.S. § 8-2-127 | Bars demands for login credentials or privacy setting changes. | CDLE Division of Labor Standards and Statistics |
| Driving records | C.R.S. § 24-72-204(7); 18 U.S.C. § 2721 | Seven-year and full history records require consent or a DPPA purpose. | Colorado DMV, Department of Revenue |
| AI in hiring | SB 26-189, C.R.S. §§ 6-1-1701 to 6-1-1709 | Notice, explanation, and human review duties begin January 1, 2027. | Colorado Attorney General |
| Data breach | C.R.S. § 6-1-716 | Notify residents within 30 days; tell the AG if 500 or more are affected. | Colorado Attorney General |
How the FCRA Applies to Colorado Employers
Colorado has its own FCRA. The Colorado Consumer Credit Reporting Act, C.R.S. § 5-18-101 et seq., works alongside the federal Fair Credit Reporting Act and adds tighter reporting limits for employment screening.
Meanwhile, federal duties still apply to every hire. The FTC guide for employers spells out each of the four steps below.
Clear Disclosure
Give a clear, standalone written disclosure before you order the report. 15 U.S.C. § 1681b(b)(2) forbids extra terms on that form.
Written Authorization
Get written permission before the search starts. Our mobile e-signature platform captures it securely.
Pre-Adverse Action
Send the report and the FCRA Summary of Rights before you decide. Then allow a reasonable time for a dispute.
Adverse Action Notice
After a final decision, send the adverse action notice with dispute rights. State that the screening company did not make the decision.
Colorado Criminal Records and CBI Checks
The Colorado Bureau of Investigation maintains the state criminal history repository. CBI sells name-based criminal history checks for $13.
However, many jobs require fingerprint checks instead. CBI lists over 100 fingerprint categories for child care, education, health care, and licensed professions.
A compliant Colorado employment report shows less history than reports in other states. Under C.R.S. § 5-18-109, a screening company must drop records older than seven years and every non-conviction record.
Public Employers Follow a Separate Rule
State and local agencies follow C.R.S. § 24-5-101(3). They may not run a background check until the applicant is a finalist or receives a conditional offer.
Agencies also may not disqualify an applicant for an arrest without conviction or for a sealed, expunged, or pardoned record. Corrections and public-safety agencies are exempt.
How BCS Searches Colorado Records
BCS Background Screening LLC runs a Colorado real-time statewide criminal search of CBI felony and misdemeanor records, updated daily. Every reportable hit is filtered to the state seven-year limit.
For Denver, El Paso, Arapahoe, and other counties, a county criminal court search goes straight to the court index. That search costs $18 plus any court fees.
How Far Back Do Background Checks Go in Colorado?
Colorado sets a firm seven-year limit. Under C.R.S. § 5-18-109(1)(e), screeners cannot report arrest, indictment, or conviction records older than seven years from disposition, release, or parole.
Federal law differs here. Under 15 U.S.C. § 1681c, convictions carry no time limit, and the federal $75,000 salary exception does not revive them in Colorado.
Criminal Records
Arrests, indictments, and convictions older than seven years stay off Colorado reports under § 5-18-109(1)(e).
Sealed and Non-Conviction
Sealed, expunged, and non-conviction records cannot appear at any age under § 5-18-109(1)(e.5).
Salary Exception Repealed
SB 22-099 repealed the $75,000 employment exception effective August 10, 2022. HB 23-1126 left only a credit-transaction exception.
Automatic Sealing
Clean Slate seals eligible infractions, misdemeanors, and felonies after these waiting periods.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Colorado Clean Slate Act and Sealed Records
Sealed, Expunged, and Set-Aside Records
Colorado seals many old records automatically. The Clean Slate Act and HB 24-1133 took full effect on July 1, 2025.
The Colorado Lawyer explains the process. Courts enter the orders under C.R.S. §§ 24-72-705 and 24-72-706, and CBI then seals its records.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Eligible civil infractions | C.R.S. § 24-72-705 | 4 years | Automatic; no petition required |
| Eligible misdemeanors | C.R.S. § 24-72-706 | 7 years | Automatic; excluded offenses listed below stay unsealed |
| Eligible felonies | C.R.S. § 24-72-706 | 10 years | Automatic; excluded offenses listed below stay unsealed |
Under C.R.S. § 24-72-703, employers may not require applicants to disclose sealed or expunged records. Applicants may state they have no record.
However, checks that a statute or rule requires can still reach sealed records. Teacher licensing is one example.
Not eligible for automatic sealing: Class 1–3 felonies, DUI and DWAI, domestic violence, sex offenses, and child abuse stay unsealed.
Arrests and Non-Convictions
Colorado goes further than the federal FCRA. Under C.R.S. § 5-18-109(1)(e.5), a consumer reporting agency may not report records that did not result in a conviction at any age.
The same bar covers sealed and expunged records under § 5-18-105, unless the employer shows a statute or rule requires it to consider them. State and local agencies may never use a non-conviction arrest to disqualify an applicant under § 24-5-101.
Therefore, an arrest alone should never drive a Colorado hiring decision. Always confirm the final disposition before you act on any record.
Colorado Ban the Box: The Chance to Compete Act
Colorado bans the box for private employers. The Chance to Compete Act, C.R.S. § 8-2-130, has covered every private employer since September 1, 2021.
You cannot ask about criminal history on an initial written or electronic application. Also, your job ads cannot say that people with records need not apply.
After the initial application, you may ask at the interview or later and may obtain a publicly available criminal background report at any time. The CDLE Chance to Compete FAQ explains the timing.
Exceptions apply when law bars people with certain convictions from the job, when law requires a check, or when the position serves people with records. Colorado requires no individualized assessment, notice, or waiting period before you act on a record.
Penalties
The Division of Labor Standards and Statistics issues a warning first. Next come fines of up to $1,000, then up to $2,500.
Public Employers
State and local agencies follow C.R.S. § 24-5-101(3) instead. They wait until the finalist stage or a conditional offer and may not consider non-conviction arrests or sealed, expunged, or pardoned records.
Local Ordinances
Colorado has no local fair-chance ordinances that add to the state law. The state rule applies uniformly in Denver, Colorado Springs, Aurora, and every other city.
Federal Contractors
Federal contractors also follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays criminal history questions until after a conditional offer for work under covered federal contracts.
What a Colorado Job Application May Ask
Colorado has its own pre-employment inquiry statute. C.R.S. § 24-34-402(1)(d) covers every employer, regardless of size.
It makes it a discriminatory or unfair employment practice to use any application form, or to make any inquiry about prospective employment, that expresses a limitation, specification, or discrimination. The listed characteristics are disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, and ancestry.
The statute allows two exceptions. A bona fide occupational qualification may justify a question, and so may information a government agency requires for security reasons. The Colorado Civil Rights Division enforces the law.
In addition, the Job Application Fairness Act, C.R.S. § 8-2-131, took effect July 1, 2024. Initial applications may not ask for age, date of birth, or dates of attendance at or graduation from an educational institution, as Ogletree’s alert explains.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test, and Colorado adds gender identity and gender expression.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized, and C.R.S. § 8-2-131 bans it on Colorado initial applications outright.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
The Employment Opportunity Act, C.R.S. § 8-2-126, bans most credit checks. The CDLE INFO #9D lists the exceptions.
Credit information must be substantially related to the job. That covers executive and management roles that set business direction, carry fiduciary duties, access personal or financial information beyond routine retail, or hold authority to issue payments, collect debts, or sign contracts.
Banks and financial institutions qualify, as do positions on federal defense, intelligence, national security, or space contracts. A report may also be required where law requires it.
When you require a credit report, disclose your bona fide purpose in writing. If credit data drives an adverse action, you must disclose that fact and the particular information you relied on.
Complaints go to the Division of Labor Standards and Statistics. The civil penalty reaches $2,500 per violation.
Salary History and Pay Transparency
The Equal Pay for Equal Work Act bans salary history questions. Under C.R.S. § 8-5-102(2), you may not seek an applicant’s wage rate history or rely on it to set pay. The ban has covered all employers since January 1, 2021.
Since January 1, 2024, SB 23-105 also expanded C.R.S. § 8-5-201. Every job posting must state the hourly or salary compensation or range, a general description of benefits, and the date the application window is expected to close.
Furthermore, employers must notify eligible employees of the selected candidate within 30 days and disclose career-progression requirements. Employers with no physical presence in Colorado and fewer than 15 Colorado employees need only post remote opportunities through July 1, 2029.
The CDLE hiring laws page summarizes each rule.
Drug and Marijuana Testing
Recreational marijuana is legal in Colorado. Still, off-duty use is not protected lawful activity under C.R.S. § 24-34-402.5.
In Coats v. Dish Network (2015), the Colorado Supreme Court upheld a firing after a positive test. Employers may therefore test applicants for THC and enforce zero-tolerance policies, including for medical patients.
CDL drivers remain subject to DOT testing under 49 C.F.R. Part 40. The federal rescheduling of medical marijuana in April 2026 did not change that program.
Motor Vehicle Records
The Colorado DMV offers seven-year and full history driving records. You need the driver’s written consent or a DPPA-permitted purpose under C.R.S. § 24-72-204(7) and 18 U.S.C. § 2721.
For CDL drivers, 49 C.F.R. § 391.23 also requires a three-year record within 30 days of hire. BCS Background Screening LLC pulls these reports through its motor vehicle records search.
E-Verify and Form I-9
Colorado has no E-Verify mandate for private employers. The former state employment-verification affirmation under C.R.S. § 8-2-122 was repealed effective August 10, 2016, leaving only federal Form I-9 duties.
However, contractors on public contracts for services face a separate rule. Under C.R.S. § 8-17.5-102, they must confirm the work eligibility of employees newly hired for the contract through E-Verify or the state Department Program.
They may not use either program for pre-employment screening. Meanwhile, every employer completes Form I-9 for each new hire under 8 C.F.R. § 274a.2.
Social Media and Passwords
C.R.S. § 8-2-127 bars demands for social media passwords. You also cannot require an applicant to change privacy settings or add you as a contact.
Automated and AI Hiring Tools
Colorado replaced its 2024 AI Act with SB 26-189, signed May 14, 2026. The earlier SB 24-205 never took effect, as Seyfarth Shaw explains.
From January 1, 2027, deployers of automated decision-making technology that materially influences an employment decision must give clear and conspicuous notice before use. Within 30 days of an adverse decision, they must explain the decision and the technology’s role, say how to request the inputs, and offer meaningful human review.
Deployers also keep compliance records for three years. Only the Attorney General enforces the law, with a 60-day cure period. See the What Changed section for action items.
Protecting Report Data
Under C.R.S. § 6-1-716, notify affected residents within 30 days of a breach. Also notify the Attorney General when a breach reaches 500 or more residents.
Industry-Specific Background Check Requirements in Colorado
Several Colorado laws require fingerprint checks for jobs that involve children, patients, or public trust. Below are the rules employers ask about most.
Child Care Providers
Under C.R.S. §§ 26.5-5-309 and 26.5-5-317, staff need CBI and FBI fingerprints plus a TRAILS abuse registry check. The Department of Early Childhood manages the process.
Educators
Under C.R.S. § 22-60.5-103, license applicants submit fingerprints for a national check. The Colorado Department of Education reviews results from CBI.
Health Care and Licensed Professions
Health care workers, law enforcement, and many licensees need CBI fingerprint checks under specific statutes. Providers paid with federal health care funds also screen against the HHS-OIG exclusion list before hire and monthly.
Commercial Drivers
Motor carriers pull a three-year MVR within 30 days of hire under 49 C.F.R. § 391.23. They also run FMCSA Clearinghouse queries before hire and annually, and test for marijuana under 49 C.F.R. Part 40.
Public Employers
Under C.R.S. § 24-5-101, state and local agencies cannot rely on arrests without convictions or on sealed, expunged, or pardoned records. Most wait until the finalist stage to check records.
Financial Roles
Under C.R.S. § 8-2-126, banks and financial institutions may still use credit reports. Other employers need a substantially job-related reason, and FDIC-insured institutions also follow Section 19 of the Federal Deposit Insurance Act.
What Changed for Colorado Employers in 2026
Colorado replaced its AI hiring law in 2026, and automatic record sealing reached full effect in 2025. Three federal changes also affect how Colorado employers screen this year.
SB 26-189 replaces the Colorado AI Act; duties start January 1, 2027
Colorado signed SB 26-189 into law on May 14, 2026. It repeals and reenacts SB 24-205, which had been set for June 30, 2026 and never took effect. The new law sits at C.R.S. §§ 6-1-1701 to 6-1-1709.
Deployers of automated decision-making technology that materially influences an employment decision must give clear and conspicuous notice before use. Within 30 days of an adverse decision, they must provide a plain-language explanation, instructions for requesting the inputs, and an opportunity for meaningful human review and reconsideration.
Deployers keep compliance records for three years. Only the Attorney General enforces the law under the Consumer Protection Act, with a 60-day cure period.
What to do: Inventory every resume screener, assessment, or ranking tool that influences hiring decisions. Draft the pre-use notice, the 30-day explanation letter, and a human review workflow before January 1, 2027.
Source: SB 26-189, C.R.S. §§ 6-1-1701 to 6-1-1709. Read the law
Clean Slate automatic sealing reached full effect
The Clean Slate Act and HB 24-1133 took full effect on July 1, 2025. Eligible civil infractions seal automatically after four years, misdemeanors after seven, and felonies after ten under C.R.S. §§ 24-72-705 and 24-72-706.
Class 1–3 felonies, DUI and DWAI, domestic violence, sex offenses, and child abuse are excluded. Under C.R.S. § 24-72-703, employers may not require disclosure of a sealed record, and applicants may state they have no record.
What to do: Remove any application language that asks about sealed or expunged records. Confirm your screening vendor suppresses sealed records and non-convictions under C.R.S. § 5-18-109(1)(e.5).
Source: C.R.S. §§ 24-72-703, 24-72-705, 24-72-706. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. Colorado law still allows zero-tolerance testing for every other role under Coats v. Dish Network.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Colorado Employment Screening Services
BCS Background Screening LLC helps Colorado employers hire with confidence. We build every search around FCRA rules and Colorado’s seven-year limit.
Colorado Real-Time Statewide Search
Real-time search of CBI felony and misdemeanor records, updated daily.
County Criminal Court Search
Direct searches of Denver, El Paso, Arapahoe, and other Colorado county courts. Price: $18 plus court fees.
SSN Trace
Reveals names, aliases, and 10+ years of address history to target county searches.
Nationwide Background Check
SSN trace, national criminal database, sex offender registry, and government watchlists.
Federal Criminal Search
U.S. District Court for the District of Colorado records that state searches miss.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions.
FACIS® Healthcare Sanctions
Screens health care hires against OIG, SAM, and state licensing board sanctions.
Mobile E-Signature Screening
Applicants e-sign FCRA disclosures and enter their own data after the initial application.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Colorado Employer Compliance Checklist
- Remove criminal history questions from your initial application and job ads under C.R.S. § 8-2-130.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application under C.R.S. § 24-34-402(1)(d).
- Remove age, date of birth, and graduation dates from the initial application; collect the date of birth on the FCRA authorization after the conditional offer.
- Use a standalone FCRA disclosure and collect written authorization.
- Confirm reports follow Colorado’s seven-year criminal record limit and exclude sealed and non-conviction records.
- Never require applicants to disclose sealed or expunged records.
- Skip credit checks unless an Employment Opportunity Act exception applies; disclose your purpose in writing.
- List pay, benefits, and the application close date in every job posting.
- Get written consent before you request a Colorado driving record.
- Send pre-adverse and adverse action notices, in that order, and review each conviction against the offense, time elapsed, and job duties.
Colorado Employment Screening Law FAQs
Does Colorado have a state version of the Fair Credit Reporting Act?
Yes. The Colorado Consumer Credit Reporting Act, C.R.S. § 5-18-101 et seq., regulates consumer reports, including employment background checks.
It adds stricter reporting limits than the federal FCRA. The Colorado Attorney General enforces it, and consumers may also sue.
How far back can a Colorado criminal background check go?
Seven years. Under C.R.S. § 5-18-109, screeners cannot report criminal records older than seven years from disposition, release, or parole.
Sealed, expunged, and non-conviction records cannot appear at all. Unlike federal law, Colorado offers no $75,000 salary exception. The Colorado Attorney General enforces the act.
Is Colorado a ban-the-box state?
Yes. The Chance to Compete Act, C.R.S. § 8-2-130, bars criminal history questions on initial applications for all private employers.
The CDLE Division of Labor Standards and Statistics enforces it. Fines reach $2,500 for repeat violations.
Can Colorado applicants deny sealed criminal records?
Yes. Under C.R.S. § 24-72-703, employers may not require disclosure of sealed or expunged records, and applicants may state they have no record.
The Clean Slate Act seals eligible records automatically after four, seven, or ten years. Colorado courts order sealing, and CBI updates its files.
Can Colorado employers run credit checks on applicants?
Usually not. The Employment Opportunity Act, C.R.S. § 8-2-126, bans credit checks unless they are substantially related to the job.
Banks, financial institutions, and certain management roles qualify. If credit data drives an adverse action, disclose that fact and the information relied on. The CDLE Division of Labor Standards and Statistics enforces the law.
What may a Colorado employer ask on a job application?
C.R.S. § 24-34-402(1)(d) bars any application question that expresses a limitation based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, religion, age, national origin, or ancestry. The Colorado Civil Rights Division enforces it.
The Job Application Fairness Act, C.R.S. § 8-2-131, also bars age, birth date, and graduation date questions on initial applications. So, collect the date of birth on the FCRA authorization after the conditional offer.
Can Colorado employers drug test for marijuana?
Yes. The lawful off-duty activities statute, C.R.S. § 24-34-402.5, does not protect marijuana use because federal law still bans it.
The Colorado Supreme Court confirmed this in Coats v. Dish Network in 2015. Colorado courts decide claims under the statute.
What does Colorado’s new AI hiring law require?
SB 26-189, C.R.S. §§ 6-1-1701 to 6-1-1709, applies to employment decisions made on or after January 1, 2027. Deployers of automated decision-making tools must give notice before use and explain any adverse decision within 30 days.
They must also offer meaningful human review and keep compliance records for three years. The Colorado Attorney General enforces the law with a 60-day cure period.
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This page provides general information about Colorado background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.