Can I be a contractor in Colorado with a criminal record?
If you are an aspiring contractor who has been convicted of a felony, you may be disqualified from getting a license in Colorado. If you are a licensed contractor who gets a felony conviction, the licensing board may suspend or revoke your license.
Here are four key things to know:
As a licensed plumbing or electrical contractor, you have to report felony convictions to the state board within 45 days.
You can have a disciplinary hearing to contest any penalties the board imposes.
Contracting without a valid and current license is a misdemeanor charge.
Unauthorized contracting could prevent you from getting a license in the future.
In this article, our Denver criminal defense attorneys discuss howcriminal convictions affect contractor licenses in Colorado. Click on a topic to jump to that section:
A felony conviction can jeopardize a contractor’s license in Colorado.
1. Who regulates contractors licenses in Colorado
The State Plumbing Board regulates plumbing contractors, and the State Electrical Board regulates electrical contractors.
General contractors are typically not regulated by a state agency but by local governments. Therefore, you would need to get a license in every locale you are doing work in. For example:
2. Applying for a contractors license with a criminal record in Colorado
2.1. Plumbing contractors
If you are applying for a plumbing contractor’s license, you are required to disclose if you have a past felony conviction. (See the felony disclosure form here.)
The State Plumbing Board may deny you a license if you have a past felony conviction.1 The Board is more likely to overlook your criminal history if:
the offense was not serious;
the offense does not reflect on your ability to be a contractor
some time has elapsed since the conviction; and
you have been rehabilitated and are of “good moral character.”2
If you have had past criminal convictions sealed or expunged, you should contact an attorney to determine whether you are obligated to disclose those cases on the application.
2.2. Electrical contractors
If you are applying for an electrical contractor’s license, you are required to disclose if you have a past felony conviction.
The State Electrical Board may deny you a license if you have a past felony conviction.3 The Board is more likely to overlook your criminal history if:
the offense was not serious;
the offense does not reflect on your ability to be a contractor
some time has elapsed since the conviction; and
you have been rehabilitated and are of “good moral character.”4
If you have had past criminal convictions sealed or expunged, you should contact an attorney to determine whether you are obligated to disclose those cases on the application.
2.3. General contractors
Each local licensing department has its own rules and standards for granting licenses. For instance, the Denver Contractor’s License Application does not ask about criminal history. Meanwhile, the Colorado Springs Contractor’s License Application does require a criminal background check.5
If you have had past criminal convictions sealed or expunged, you should contact an attorney to determine whether you are obligated to disclose those cases on the application.
3. Discipline for contractors following a criminal conviction in Colorado
3.1. Plumbing contractors
If you are a Colorado plumbing contractor and get convicted of a felony, you are required to report it to the State Plumbing Board within 45 days of the conviction.6 The Board may either:
take no action,
suspend your license,
revoke your license,
refuse to renew your license, or
place you on probation
However, the Board will give you instructions on how to request a hearing by the board or an administrative law judge to contest any disciplinary actions.7
3.2. Electrical contractors
If you are a Colorado electrical contractor and get convicted of a felony, you are required to report it to the State Electrical Board within 45 days of the conviction.8 The Board may either:
take no action,
suspend your license,
revoke your license,
refuse to renew your license, or
place you on probation
However, the Board will give you instructions on how to request a hearing by the board or an administrative law judge to contest any disciplinary actions.9
3.3. General contractors
Each local licensing department has its own disciplinary procedures if you get convicted of a felony. You should contact the board for the latest regulatory policies and disciplinary rules.
4. Fighting discipline by Colorado contracting boards
You are advised to retain counsel when you are facing the possible suspension or revocation of your license. An experienced attorney knows how to compose the necessary paperwork and how best to advocate for you at the hearing. No matter the case, the attorney would try to show how:
the conviction does not detract from your abilities or cast doubt on your character;
you have taken responsibility for your actions;
you are honest; and
you are an asset to the community
5. Penalties for unauthorized contracting in Colorado
5.1. Plumbing contractors
If you are a plumbing contractor working without a license, you face charges of a class 2 misdemeanor in Colorado, carrying a penalty of:
up to 120 days in jail and/or
up to $750 in fines.10
5.2. Electrical contractors
If you are an electrical contractor working without a license, you face charges of a class 2 misdemeanor in Colorado, a penalty of:
up to 120 days in jail and/or
up to $750 in fines.11
5.3. General contractors
The penalties depend on the local county or municipal code. Contact an attorney to learn the local laws.
CRS 12-155-122. CRS 12-20-407. Prior to March 1, 2022, subsequent offenses were class 6 felonies punishable by 12 to 18 months in jail and/or $1,000 to $100,000. And class 2 misdemeanors were punished by 3 to 12 months in jail and/or $250 to $1,000 in fines. SB21-271.
CRS 12-115-123. CRS 12-20-407. Prior to March 1, 2022, subsequent offenses were class 6 felonies punishable by 12 to 18 months in jail and/or $1,000 to $100,000. And class 2 misdemeanors were punished by 3 to 12 months in jail and/or $250 to $1,000 in fines. SB21-271.
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