Colorado Background Check Laws: Employee Rights, Errors & Sealing (2026 Updates)

Colorado background checks are a common part of the job application process. Depending on the scope, background checks can reveal your criminal history, credit history, and employment and education records.

As of 2025 in Colorado, third-party background checks go back only seven years (with some exceptions). Also, Colorado’s ban-the-box law prohibits employers from asking about criminal history on the initial job application.

If you are eligible, be sure to seal your criminal record as soon as possible so that it does not appear on future background checks. You may have heard that under Colorado’s recent Clean Slate Act, most cases eventually get automatically sealed from your background check, but the wait is longer than if you do it yourself.

To run your own criminal history, go to the Colorado Bureau of Investigation‘s Internet Criminal History Check System (ICHC).

In this article, our Denver criminal defense attorneys will address the following key topics regarding background checks in Colorado.

• 1. What Information Shows up
• 2. How Far They Go Back
• 3. Sealed Records and Juvenile Records
• 4. “Ban the Box” Law
• 5. Credit History
• 6. Consent to a Background Check
• 7. Social Media
• 8. Running Your Own Check
• 9. Record Seals
• 10. Common Background Check Errors by County
• 11. Buying Guns
• Frequently Asked Questions
• Additional Resources

1. What Information Shows Up

As the following table shows, Colorado background checks can reveal a wide range of information:

Employment Background Check Component	Details Included
Criminal history	Type of offense you were arrested for (including felonies, misdemeanors, and petty offenses) Date the offense occurred and the date charges were filed How and when the case resolved (the “disposition”) What sentence you served Outstanding warrants usually do not appear in commercial background checks, but they may appear in law enforcement- or fingerprint-based checks.
Employment verification	Past employers Job titles dates of employment
Education verification	Schools you attended Dates of attendance Degrees or certifications earned
Professional license verification	Type of license and whether it is current Your license number Issue and expiration dates Whether you have been disciplined or sanctioned

Note that for some jobs, employers may request drug screenings and/or driving records.

Also note that if you submit to a fingerprint-based background check (which is required for many professional jobs) and it returns an arrest record with no disposition, you must then submit to a name-based background check.¹

2. How Far They Go Back

Colorado background checks conducted by third-party consumer reporting agencies (CRAs) include only the last seven years. (Note that any bankruptcies from the last 10 years can show up.) ²

However, Colorado Bureau of Investigation (CBI) fingerprint-based checks go back for life. So do FBI Identity History Summary checks. Public criminal record databases may also show older convictions unless they are sealed.

In short, the seven-year rule applies only to commercial background-check companies (CRAs), not law enforcement or licensing-board fingerprint checks.

3. Sealed Records and Juvenile Records

Colorado criminal records that have been sealed or expunged should not appear on future background checks. Juvenile records should not appear either.

However, there may be exceptions where you must disclose your sealed criminal history – such as to a professional licensing board. Also, sealed cases may still appear in FBI national fingerprint checks even when they do not appear in Colorado state-level background checks.

An employment law attorney can help you determine if and when you must reveal your sealed records.³

4. “Ban the Box” Law

Under Colorado’s Ban the Box law, private employers may not ask about your criminal history during the initial employment screening. This way, you compete on a more level playing field, notwithstanding your criminal history.

If it turns out that you make the first cut, the employer may be less inclined to automatically disqualify you for having a criminal history. (Note that private employers may legally access your publicly available criminal background reports at any time, though many choose to wait until late in the hiring process since it is an added expense.)

Meanwhile, state and local public employers can never ask about your criminal history on their applications. They have to wait to run a background check until you receive a conditional offer of employment. Then, if it shows anything negative, they must determine whether it relates to your specific job duties.

If an employer does ask about criminal history on the initial application, you can file a complaint with Colorado’s Division of Labor Standards and Statistics. The Colorado Department of Labor And Employment will then investigate.⁴

Learn more in our article, Do I have to disclose a criminal record to employers in Colorado?

5. Credit History

As part of the background check process, Colorado employers can require you to consent to a credit check under three circumstances:

1. The law requires such a credit report check;
2. The credit check is directly related to the job for which you are being considered; or
3. The employer is a bank or other financial institution.

In addition, employers who decide not to hire you based on your credit history must tell you so in writing.⁵

6. Consent to a Background Check

Employers cannot run a background check on you without notifying you and getting your signed consent.

Then if the employer wants to disqualify you based on your background check, they need to:

1. Give you a pre-adverse action letter disclosing the disqualifying parts of your background check;
2. Give you about five days to contest the disqualifying parts and/or show mitigating evidence; and
3. Give you a final adverse action letter with your legal rights if the employer still does not want to hire you.⁶

7. Social Media

Employers can look at what you post publicly on social media like anyone else. However, employers may not:

• Ask for your login information or ask to access your social media accounts;
• Compel you to add the employer as a friend, follower, contact, etc.; or
• Ask you to modify your privacy settings.⁷

8. Running Your Own Check

Go to the Colorado Bureau of Investigation’s Internet Criminal History Check System (ICHC). You can run a criminal records background screening on yourself for $5.

You will need to enter your full name and date of birth. Entering your social security number is optional.

If you see mistakes on your criminal history, call the CBI Identification Unit at 303-239-4208 for instructions on how to fix it.

9. Sealed Records

Any Colorado criminal case that has been dismissed can be sealed immediately. Otherwise, there is a wait time to seal certain criminal convictions. The following convictions cannot be sealed at all:

• Class 1 felonies,
• Class 2 felonies,
• Class 3 felonies,
• Level 1 drug felonies,
• Sex crimes,
• DUIs,
• Domestic violence convictions (including domestic violence harassment),
• Class 1 misdemeanor traffic offenses,
• Class 2 misdemeanor traffic offenses,
• Class A traffic infractions,
• Class B traffic infractions, and
• Crimes involving a commercial driver’s license

The wait time to seal other criminal convictions depends on the class of crime:

Colorado Conviction	Waiting Period to Petition for Record Seal in Colorado
Petty offense or petty drug offense	1 year after the case ends
Multiple eligible petty offenses and/or petty drug offenses	2 years after the last case ends
Class 2 misdemeanor, class 3 misdemeanor, drug misdemeanor, or class 4 felony (certain types)	2 years after the case ends
Class 4 felony, class 5 felony, class 6 felony, level 3 drug felony, level 4 drug felony, or class 1 misdemeanor	3 years after the case ends
Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies	5 years after the last case ends
Level 2 drug felony or any other eligible offense	5 years after the case ends
Multiple eligible felonies and/or drug felonies	10 years after the last case ends
Most municipal and misdemeanor crimes by victims of human trafficking	Immediately
Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014	1 year after the date of the final disposition of all criminal proceedings and the release from supervision, whichever is later
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July 1, 2014 or later	1 year after the conviction
Underage DUI convictions (UDD) with a BAL of 0.02% to 0.05%.	Immediately after turning 21 years old
Juvenile records	Up to 5 years, depending on the circumstances. Dismissals and acquittals can be sealed immediately.

Note that under Colorado’s Clean Slate Act, many cases get automatically sealed without you having to do anything:

• Civil infractions get automatically sealed four years after the case closes.
• Petty offense and misdemeanor convictions get automatically sealed seven years after the case closes.
• Felony convictions get automatically sealed ten years after the case closes.⁸

Learn how to seal Colorado convictions, arrest records, and juvenile records. Also see our article, How much does it cost to seal a record in Colorado?

10. Common Background Check Errors by County

Even if your record should be clear, database errors are common. The Colorado Bureau of Investigation (CBI) database is not always updated in real-time by the courts. Here are specific issues we see frequently in Colorado:

Denver County: The “Municipal vs. County” Confusion

Denver is unique because it operates a combined City and County court system. Background check companies often confuse Denver Municipal Court (city ordinance violations) with Denver District Court (state felonies/misdemeanors). A minor municipal disturbance charge might be mislabeled as a state-level misdemeanor criminal offense, making your record look more serious than it is.

El Paso County (Colorado Springs): Clerk Delays

El Paso County courts often experience backlogs in processing record updates due to high volume. If you recently finished a deferred judgment or had a case dismissed in Colorado Springs, the court clerk may not have transmitted this update to the CBI yet. Your background check might still show the case as “Active/Pending” even months after it was resolved.

Jefferson & Arapahoe Counties: Disposition Lag

We frequently see “Zombie Records” in these jurisdictions—cases where a disposition (the final outcome) was reached, but the background check vendor is still reporting the original arrest charges. For example you pleaded down from a felony to a misdemeanor, but the background check report still shows the original felony arrest with no disposition listed.

Rural Counties (such as Weld, Mesa): Identity Mixing

In smaller counties with fewer resources, manual data entry errors are more common. Mixed Files” occur when a background check merges your file with someone who has a similar name (for example, “Michael Smith” in Greeley gets the record of “Michael Smith” in Grand Junction).

11. Buying Guns

A firearm background check is required to purchase guns in Colorado. It does not matter whether it is a commercial or private gun sale.

First, you have to fill out an ATF Form 4473, which asks whether you either:

• have been convicted of a felony or of domestic violence (even as a misdemeanor);
• are under indictment for a felony;
• have been dishonorably discharged from the armed forces;
• have ever been adjudicated a mental defective or committed to a mental institution;
• are subject to a protective order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such a partner;
• renounced U.S. citizenship;
• are an illegal alien;
• are an unlawful user or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance; and/or
• are a fugitive.

If you meet any of these conditions, then you cannot have a gun in Colorado.

After you complete the ATF Form 4473, the gun dealer submits it to the CBI InstaCheck Unit. The background check takes about 20 minutes.⁹

Frequently Asked Questions

How far back do Colorado background checks go?

It depends on who runs the check. Third-party background check companies only go back seven years. However, fingerprint-based checks by the Colorado Bureau of Investigation (CBI) or FBI go back for your entire life. Public criminal record databases may also show older convictions unless they are sealed.

Can employers in Colorado ask about my criminal history on job applications?

No, Colorado’s “Ban the Box” law prohibits private employers from asking about criminal history on initial job applications. Public employers (state and local government) can never ask about criminal history on applications and must wait until making a conditional job offer before running background checks.

What happens if I want to seal my criminal record in Colorado?

You can seal dismissed cases immediately. For convictions, there are waiting periods: one to three years for most misdemeanors and petty offenses, three to five  years for most felonies. Some crimes like DUIs, sex crimes, and domestic violence cannot be sealed at all. Under the Clean Slate Act, many records get automatically sealed after four to 10 years, but doing it yourself is faster.

What should I do if there are errors on my Colorado background check?

First, run your own criminal history check through the Colorado Bureau of Investigation’s website for $5. If you find mistakes, call the CBI Identification Unit at 303-239-4208 for instructions on how to correct them. Database errors are common, especially mixing up similar names or showing outdated case information.

Additional Resources

For more information, refer to the following:

• Internet Criminal History Check System (ICHC) by CBI – Arrest records based upon fingerprints provided by Colorado law enforcement agencies.
• Employment and Background Checks by CBI – Detailed information about how to get background checks by the Colorado Bureau of Investigation.
• Identity History Summary Checks by FBI – Detailed information on how to get your “rap sheet” through the Federal Bureau of Investigation.
• Identity History Summary Request Form by FBI – The form you fill out to get your “rap sheet” from the Federal Bureau of Investigation.
• National Instant Criminal Background Check System (NICS) by FBI – The federal background check used to screen gun purchasers.

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Legal References