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» Colorado Limits Criminal History Inquiries

June 19, 2019

HR News Alerts

Job Postings and Applications may not Exclude Applicants with Criminal Histories

Effective Sept. 1, 2019, job postings, advertisements, and application forms from Colorado private employers with 11 or more employees may not include language saying that individuals with criminal histories may not apply. This requirement becomes effective for all Colorado employers on Sept. 1, 2021. The new law also bans statements in application forms requiring applicants to disclose their criminal histories.

Limited exceptions apply when required by federal, state or local laws. Click here for more.

In addition, effective Aug. 2, 2019, employers cannot require an applicant to disclose any information that is part of an expunged or sealed record. Applicants with such records may say that the record does not exist and deny that the expungement ever occurred, or (regarding a sealed record), that they were ever criminally charged.

Employers cannot deny an application only because the applicant refused to disclose expunged information or conviction records that have been sealed. Click here for more.

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