Criminal Background Check in Colorado – How It Works

Colorado background checks are a common part of the job application process. Here are five key things to know:

1. Depending on the scope, background checks can reveal your criminal history, credit history, and employment and education records.
2. Criminal background checks go back only seven years (with some exceptions).
3. Colorado’s ban the box law prohibits employers from asking about criminal history on the initial job application.
4. Sealed or expunged records should not appear on future background checks.
5. To run your own criminal history, go to the Colorado Bureau of Investigation‘s Internet Criminal History Check System (ICHC).

In this article, our Colorado criminal defense attorneys answer the following faqs:

• 1. What shows up on Colorado background checks?
• 2. How far do background checks go back?
• 3. Do sealed criminal records show up?
• 4. Does Colorado have a “ban the box” law?
• 5. Do background checks include credit history?
• 6. Where can I check my own criminal history?
• 7. Can I seal my criminal records?
• 8. Do I need a background check to buy a gun in Colorado?

1. What shows up on Colorado background checks?

Employment background checks in Colorado generally comprise:

• Your criminal history (including felonies, misdemeanors, and petty offenses);
• An education verification; and
• An employment verification.

The criminal background check includes the following:

• The type of offense you were arrested for;
• The date the offense occurred and the date charges were filed;
• How and when the case resolved (the “disposition”); and
• What sentence you served.

The employment verification is a list of your past employers, job titles, and dates of employment. The education verification shows

• which schools you attended,
• the dates of attendance, and
• the degrees or certifications earned.

Note that for some jobs, employers may request drug screenings and/or driving records.¹

See our related article, How can I check the points on my license in Colorado?

2. How far do background checks go back?

Criminal history records on Colorado background checks include only the last seven years, but there are two exceptions where employers can look back further:

1. If the job you are applying for carries an annual salary of at least $75,000; or
2. If the job is in education or medicine (such as teachers, doctors, and nurses).²

3. Do sealed criminal records show up?

In general, Colorado criminal records that have been sealed or expunged should not appear on future background checks. However, there may be exceptions where you are required to disclose your sealed criminal history – such as to a professional licensing board.

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

4. Does Colorado have a “ban the box” law?

Yes. Under Colorado’s Ban the Box law, private employers may not ask you about your criminal history on the initial employment screening. This way, you are competing 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.

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. Do background checks include 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 you are being considered for; 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 are required to tell you so in writing.⁵

6. Where can I check my own criminal history?

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.

7. Can I seal my criminal 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	One (1) year after the case ends
Multiple eligible petty offenses and/or petty drug offenses	Two (2) years after the last case ends
Class 2 misdemeanor or class 3 misdemeanor	Two (2) years after the case ends
Drug misdemeanor and certain class 4 drug felonies	Two (2) years after the case ends
Class 4 felony, class 5 felony, or class 6 felony	Three (3) years after the case ends
Level 3 drug felony or level 4 drug felony	Three (3) years after the case ends
Class 1 misdemeanor	Three (3) years after the case ends
Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies	Five (5) years after the last case ends
Level 2 drug felony or any other eligible offense	Five (5) years after the case ends
Multiple eligible felonies and/or drug felonies	Ten (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	One (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	One (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 five (5) years, depending on the circumstances. Dismissals and acquittals can be sealed immediately.6

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?

8. Do I need a background check to buy a gun in Colorado?

Yes, 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.⁷

Facing criminal charges in Colorado? Our criminal defense lawyers fight to get your case dismissed or reduced to lesser charges. We represent clients in state law- and federal law courts throughout Colorado.

In California? Learn about California background investigations.

In Nevada? Learn about Nevada background investigations.

Helpful Links

• Colorado Bureau of Investigation (CBI), Colorado Department of Public Safety
• Identity History Summary Checks, FBI
• Fair Credit Reporting Act (FCRA)

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Legal References