Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
"Ban the Box" Law
Colorado has a “Ban the Box” law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications. The Ban the Box Law was passed as part of the Colorado Chance to Compete Act in 2019.1
Colorado’s Ban the Box law forbids private employers from three things:
But there are three exceptions where employers may ask about criminal history up front:
Note this law does not apply to federal, state, or local government agencies, just private sector employers.2
Yes. Colorado employers are free to run criminal background checks on job applicants at any time during the hiring process. They do not have to wait until candidates “make the first cut” in the application process or receive a conditional offer of employment. Employers just cannot ask about criminal histories on the initial application.
No. Employers do not have to fill any kind of quota for having employees with criminal histories. But they are encouraged to consider candidates’ merits before disqualifying them for past criminal conduct, especially if they have been fully rehabilitated.
People may file a complaint with Colorado’s Division of Labor Standards and Statistics if they witness an alleged violation of the Chance to Compete Act. These complaints can be submitted anonymously. The Colorado Department of Labor And Employment will then investigate the matter and take corrective action.
Employers cited for a first violation of the Act are given a warning and 30 days to comply (such as by editing the job application to remove questions about criminal history). A second violation carries a $1,000 fine payable to the state. And a subsequent violation carries a $25,000 fine.3
The Ban the Box legislation was implemented on September 1, 2019, as part of the Colorado Chance to Compete Act. Initially, this new law applied only to private employers with 11 or more employees. As of September 1, 2021, the Ban the Box law applies to all private employers.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
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