A Colorado criminal background check may show arrests, criminal charges, case dispositions, convictions, and sentences reported to the Colorado Bureau of Investigation (CBI). What appears depends on whether the search is a commercial employment report, a public CBI name-based search, or a fingerprint-based government check.
- Commercial reports: Colorado consumer reporting agencies generally may not report criminal records more than seven years after the applicable disposition, release, or parole date.
- CBI public searches: CBI’s Internet Criminal History Check System searches Colorado arrest records supported by fingerprints; it does not provide warrants, sealed records, juvenile records, or records from other states.
- Fingerprint checks: Government, licensing, and FBI fingerprint checks may disclose older records and are not governed by the same seven-year reporting limit.
- Job applications: Colorado’s ban-the-box law generally prevents private employers from asking about criminal history on the initial application.
- Sealed records: Sealed, expunged, and non-conviction records generally may not be included in a Colorado consumer report.
If you are eligible, petitioning to seal your criminal record can remove it from public databases sooner than waiting for automatic sealing under Colorado’s Clean Slate Act.
In our experience, applicants are often surprised that two background checks produce different results. This usually happens because the searches cover different databases, use different identifiers, or apply different reporting rules. You can check your own Colorado record through the CBI’s Internet Criminal History Check System (ICHC).
In this article, our Denver criminal defense attorneys explain what Colorado background checks show, how far they go back, how to correct errors, and when records can be sealed.
- 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 |
|
| Employment verification |
|
| Education verification |
|
| Professional license verification |
|
For some jobs, employers may also request drug screening, a driving record, or a credit report. Certain regulated professions require fingerprint-based state and federal checks.
If one of those checks reveals an arrest without a disposition, the licensing agency may require a follow-up name-based judicial record check.1
2. How Far They Go Back
Under Colorado law, a consumer reporting agency generally may not include an arrest, indictment, or conviction that predates the report by more than seven years, measured from the date of disposition, release, or parole.
Bankruptcies may generally be reported for ten years. Sealed records, expunged records, and records that did not result in a conviction may not be included at all. A narrow statutory exception applies to certain large credit transactions.2
The seven-year limit applies to reports prepared by consumer reporting agencies. It does not erase the underlying court record and does not control CBI, FBI, law-enforcement, or licensing-board fingerprint checks. Those searches may disclose older records if the records remain legally accessible.
| Type of Colorado background check | Typical scope |
| Commercial employment report | Generally subject to Colorado’s seven-year limit and the federal Fair Credit Reporting Act |
| CBI public name-based ICHC search | Colorado fingerprint-supported arrest records; no warrants, sealed records, juvenile records, or out-of-state records |
| CBI/FBI fingerprint check | May disclose older state or national history when authorized for employment, licensing, or government purposes |
| Direct court-record search | Publicly accessible court records, including older records that have not been sealed |
3. Sealed Records and Juvenile Records
Colorado consumer reporting agencies may not report sealed or expunged records. Once a Colorado record is sealed, you generally may state that the arrest or criminal case never occurred. The record is not destroyed, however, and courts, prosecutors, law enforcement, criminal justice agencies, and certain licensing bodies may still access it when the law permits.3
Juvenile records generally are confidential, and many qualify for automatic expungement. Still, not every juvenile adjudication can be expunged, and Colorado law permits access in specified circumstances. A stale copy may also remain in a private database until the vendor receives or processes the sealing order.
4. “Ban the Box” Law
Under Colorado’s Chance to Compete Act, a private employer generally may not advertise that a person with a criminal history may not apply, state on an application that a person with a criminal history may not apply, or ask about criminal history on the initial written or electronic application.
Exceptions apply when federal, state, or local law prohibits a person with a particular criminal history from holding the job, the position is in a program designed to employ people with criminal histories, or the employer is legally required to conduct a criminal-history check for the position.
The law does not prevent a private employer from obtaining publicly available criminal-history information at any time. It also does not prohibit the employer from asking about criminal history later in the hiring process.
Colorado state and local agencies generally may not ask about criminal history on an employment application. A public agency may consider a conviction after the applicant becomes a finalist or receives a conditional offer, and it must evaluate factors such as the nature of the conviction, the time elapsed, rehabilitation, and the relationship between the conviction and the job. Statutory exceptions apply to certain public-safety, corrections, education, and other positions.
If an employer unlawfully asks 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
Colorado’s Employment Opportunity Act generally allows an employer to use consumer credit information only when:
- The law requires such a credit report check;
- The information is substantially related to the job and the employer has a bona fide purpose for requesting or using it; or
- The employer is a bank or other financial institution.
If an employer requires a credit report because the information is substantially related to the job, the employer must have a bona fide purpose for obtaining or using the information and disclose that purpose to you in writing. If the employer takes adverse action based partly or entirely on your credit information, it must disclose that fact and identify the particular information on which it relied.5
6. Consent to a Background Check
If an employer in Colorado obtains an employment background report from a third-party consumer reporting agency, the federal Fair Credit Reporting Act generally requires the employer to give you a clear, standalone disclosure and obtain your written authorization. These requirements generally do not apply when the employer simply searches public records itself.
Before taking adverse action based on a third-party report, the employer generally must:
- Give you a copy of the report and the federal Summary of Your Rights;
- Give you a reasonable opportunity to review and dispute the report before making a final decision—many employers use at least five business days; and
- Send a final adverse-action notice if the employer still decides not to hire, promote, or retain you.6
7. Social Media
Employers in Colorado can review anything you make publicly available on social media. However, they generally may not:
- Ask for a username, password, or another means of accessing your personal account;
- Compel you to add the employer or another person as a friend, follower, or contact; or
- Ask or require you to change your privacy settings.
Limited exceptions allow certain investigations involving regulatory compliance or the unauthorized transfer of an employer’s proprietary or financial information.7
8. Running Your Own Check
Go to the Colorado Bureau of Investigation’s Internet Criminal History Check System (ICHC). An online name-based report currently costs $6. You must enter your first and last name and date of birth. A Social Security number is optional but may improve matching accuracy if CBI has it on file.
The public ICHC report is limited to Colorado fingerprint-supported arrest records. It does not include warrants, sealed records, juvenile arrest records, or criminal history from other states. If you find an error, use CBI’s online instructions for inaccurate information or contact its Identification Unit at 303-239-4208.
9. Sealed Records
Colorado courts generally must order a case sealed when it is completely dismissed, the defendant is acquitted of every charge, or the defendant completes an eligible diversion agreement or deferred judgment and every count is dismissed. Limited statutory exceptions and special procedures apply. If automatic sealing does not occur, an eligible defendant may file a motion in the criminal case.8
For a conviction, eligibility depends on the offense, the number of convictions, payment of restitution and other obligations, and whether the required waiting period has passed. The waiting period generally runs from the later of the final disposition or release from supervision:
| Colorado conviction | Waiting period to petition for sealing |
| Eligible civil infraction, petty offense, or drug petty offense | 1 year |
| Multiple eligible civil infractions, petty offenses, and/or drug petty offenses | 2 years after the last case |
| Eligible class 2 or 3 misdemeanor, drug misdemeanor, or level 4 drug felony for possession | 2 years |
| Eligible class 4, 5, or 6 felony; level 3 or 4 drug felony; or class 1 misdemeanor | 3 years |
| Multiple eligible misdemeanors, drug misdemeanors, and/or level 4 drug felonies | 5 years after the last case |
| Eligible level 2 drug felony or another eligible offense not listed above | 5 years |
| Multiple eligible felonies and/or drug felonies | 10 years after the last case |
Convictions that generally cannot be sealed include class 1, 2, and 3 felonies; level 1 drug felonies; DUI and DWAI; traffic offenses and infractions; and offenses involving unlawful sexual behavior, domestic violence, child abuse, a crime of violence, or another statutory disqualification.
Some otherwise ineligible misdemeanor convictions may be sealed with the district attorney’s consent. Separate rules govern municipal convictions, multiple convictions, pardoned offenses, victims of human trafficking, juvenile records, and qualifying underage drinking and driving records.
Under Colorado’s Clean Slate Act, many eligible convictions may be sealed automatically:
- Eligible civil infractions may be automatically sealed after four years.
- Eligible petty-offense and misdemeanor convictions may be automatically sealed after seven years.
- Eligible felony convictions may be automatically sealed after ten years.9
Automatic sealing applies only when the record and defendant satisfy the statute, including restrictions concerning later convictions. Filing a petition can be faster than waiting for the automatic process.
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 when a record should be clear, a report may contain an outdated disposition, an incomplete entry, or another person’s case. The following are problems our attorneys have encountered in Colorado cases. They are observations from our experience, not findings that every court or background-check company makes these errors.
Denver: City Ordinance and State Cases
In our experience, a vendor may misclassify a Denver County Court municipal-ordinance case as a state criminal offense or confuse it with a Denver District Court case. This can make a relatively minor ordinance violation appear more serious than it was.
El Paso County (Colorado Springs): Clerk Delays
We have seen reports from El Paso County that did not yet reflect a recent dismissal or the successful completion of a deferred judgment. Until the disposition reaches every relevant database, a vendor may continue to display the case as active or pending.
Jefferson & Arapahoe Counties: Disposition Lag
In our experience, reports from Jefferson and Arapahoe County cases sometimes show the original arrest charge without the final disposition. For example, a report may display an original felony charge even though the person later pleaded to a misdemeanor.
Rural Counties, Including Weld and Mesa: Identity Mixing
We have also encountered mixed files involving people with similar names or birth dates, including records originating in Weld or Mesa County. This is one reason to compare the report’s identifying information, case number, court, and disposition instead of assuming every listed case belongs to you.
11. Buying Guns
Colorado generally requires a firearm background check for dealer and private sales, subject to limited statutory exceptions. Unless an exception applies, a licensed gun dealer must facilitate a private transfer. For a dealer sale, the prospective buyer completes ATF Form 4473, which asks about federal disqualifying conditions, including whether the buyer:
- has been convicted of a felony or another crime punishable by more than one year, subject to federal exceptions;
- has been convicted of a qualifying misdemeanor crime of domestic violence;
- is under indictment or information for a felony or another crime punishable by more than one year;
- has been dishonorably discharged from the armed forces;
- has ever been adjudicated a mental defective or committed to a mental institution;
- is subject to a protective order restraining them from harassing, stalking, or threatening their child or an intimate partner or child of such a partner;
- renounced U.S. citizenship;
- is an alien illegally or unlawfully in the United States, or is in a prohibited nonimmigrant-visa category;
- is an unlawful user of, or addicted to, marijuana or another controlled substance; or
- is a fugitive.
A “yes” answer may prevent the transfer. Many—but not all—of these conditions also prohibit possession. For example, a person under indictment generally may not receive a firearm under federal law, but the indictment alone does not necessarily prohibit possession of a firearm already lawfully owned. Definitions and exceptions matter.
The dealer submits the check to the CBI InstaCheck Unit. Colorado generally prohibits delivery until the later of background-check approval or three days after the dealer initiates the check, subject to statutory exceptions.10
Frequently Asked Questions
How far back does a Colorado criminal background check go?
A commercial consumer report generally may not include a Colorado arrest, indictment, or conviction more than seven years after the applicable disposition, release, or parole date. That limit does not govern every search: CBI, FBI, licensing, law-enforcement, and direct court-record checks may disclose older records that remain legally accessible.
In our experience, “seven years” is often misunderstood as an automatic deletion rule. It limits what a consumer reporting agency may report; it does not automatically seal or erase the court and law-enforcement records.
What shows up on a Colorado CBI background check?
The public CBI Internet Criminal History Check is a name-based search of Colorado arrest records supported by fingerprints. It may show charges, dispositions, and sentences reported to CBI, but it does not include warrants, sealed records, juvenile arrest records, or records from other states.
From what we have seen, missing dispositions cause many of the most serious misunderstandings. A report that shows an arrest without the final result may make a dismissed or reduced case look unresolved.
Can a Colorado employer ask about criminal history?
A private employer generally may not ask about criminal history on the initial written or electronic application, subject to statutory exceptions. A state or local public employer generally may consider a conviction after the applicant becomes a finalist or receives a conditional offer, although exceptions apply to certain positions.
We tell clients that ban the box delays the question; it does not make a public conviction invisible or prevent every employer from considering it later.
Does a dismissed charge show up on a Colorado background check?
A completely dismissed Colorado case generally must be sealed automatically, and Colorado consumer reporting agencies may not report records that did not result in a conviction. Processing delays or stale private databases can nevertheless cause a dismissed charge to appear temporarily or incorrectly.
In our experience, it is wise to obtain a fresh report after a dismissal and verify that the disposition and sealing were transmitted. If the case still appears, determine whether the error is with the court, CBI, or the private reporting company.
Do sealed records show up on Colorado background checks?
A sealed record generally should not appear in a public CBI search or commercial consumer report. Sealing does not destroy the record, however, and Colorado law permits access by courts, prosecutors, law enforcement, criminal justice agencies, and certain licensing authorities in specified circumstances.
From what we have seen, private vendors sometimes retain stale data after a sealing order. Providing the vendor with the order and using its dispute process may be necessary to remove the outdated entry.
How do I run a Colorado background check on myself?
Use the Colorado Bureau of Investigation’s Internet Criminal History Check System. An online name-based report currently costs $6 and requires a first and last name and date of birth; a Social Security number is optional but may improve matching accuracy.
We recommend checking every name variation that may have been used, including a former or hyphenated surname. Review the identifiers, charges, court, case number, disposition, and sentence—not just whether the search returns a match.
How do I correct an error on a Colorado background check?
If the error is in a third-party employment report, dispute it with the consumer reporting agency and provide supporting court records. If the CBI record itself is wrong or incomplete, follow CBI’s correction instructions. Court clerks can provide certified dispositions, but the court generally does not control a private vendor’s database.
In our experience, the fastest approach is to identify which source contains the error before requesting a correction. Sending a court order only to the employer may not fix the underlying report.
Can an employer reject me because of a Colorado conviction?
Colorado’s private-employer ban-the-box law restricts initial applications but does not generally prohibit an employer from considering a public conviction later. Public agencies must apply statutory factors, and other federal, state, or local laws may restrict how a conviction is used for a particular position.
We tell clients that context can matter: the age and nature of the case, its relationship to the work, rehabilitation, and an accurate final disposition may all affect the employer’s decision.
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.
Legal References
- See Employment and Background Checks, Colorado Bureau of Investigation; Colorado Senate Bill 25-146 (expanding fingerprint-based criminal-history requirements for specified regulated professions); C.R.S. § 12-310-107 (one profession-specific example).
- C.R.S. § 5-18-109 (seven-year reporting limit; sealed, expunged, and non-conviction records; exceptions); CBI Internet Criminal History Check FAQs.
- C.R.S. § 24-72-703 (effect of a sealing order and authorized access); C.R.S. § 5-18-109(1)(e.5).
- Colorado House Bill 19-1025 (Chance to Compete Act); C.R.S. § 8-2-130; C.R.S. § 24-5-101.
- C.R.S. § 8-2-126 (Colorado Employment Opportunity Act); Fair Credit Reporting Act.
- Federal Trade Commission, Background Checks: What Employers Need to Know; 15 U.S.C. §§ 1681b(b)(3) and 1681m.
- C.R.S. § 8-2-127 (Social Media and the Workplace Law).
- C.R.S. § 24-72-705 (dismissed and non-conviction cases); C.R.S. § 24-72-706 (single conviction records); C.R.S. § 24-72-709 (multiple conviction records).
- C.R.S. § 13-3-117; Colorado Senate Bill 22-099 (Clean Slate Act).
- C.R.S. § 18-12-112 (private firearm transfers); C.R.S. § 18-12-115 (waiting period); ATF Form 4473 and instructions.