Colorado background checks are a common part of the job application process. Strict state and federal laws regulate what background checks contain and what employers can see.

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 or juvenile records show up?
• 4. Does Colorado have a “ban the box” law?
• 5. Do background checks include credit history?
• 6. Do employers need my consent to run a background check?
• 7. Can employers see my social media?
• 8. Where can I check my own criminal history?
• 9. Can I seal my criminal records?
• 10. Do I need a background check to buy a gun in Colorado?
• Additional resources

1. What shows up on Colorado background checks?

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 Note that outstanding warrants do not show up on background 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 do background checks go back?

Criminal history records on Colorado background checks include only the last seven years. (Note that any bankruptcies from the last 10 years can show up.) ²

3. Do sealed criminal records or juvenile records show up?

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

However, there may be exceptions where you must disclose your sealed criminal history – such as to a professional licensing board.

An employment law attorney can help you determine if and when you must 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 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 since 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 its 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. 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 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. Do employers need my consent to run a background check?

Yes. 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. Can employers see my 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 otherwise 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. 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.

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. 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.

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. 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.⁹

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