Limits on Criminal History Screening of Applicants — Colorado Chance to Compete Act

Division of Labor Standards and Statistics
707 17th Street, Denver, CO 80202 | 303-318-8441
www.ColoradoLaborLaw.gov | www.LeyesLaboralesDeColorado.gov

Interpretive Notice & Formal Opinion ("INFO") # 9C:
Limits on Criminal History Screening of Applicants — Colorado Chance to Compete Act

Overview

• This INFO addresses employee and employer rights and responsibilities under the "Colorado Chance to Compete Act" ("CTC," HB 19-1025, C.R.S. § 8-2-130) — also known as a "ban the box" law, because it restricts what is often a check-box on a job application requiring applicants to disclose any criminal record.
• As stated in the legislative declaration, CTC was enacted to provide those with criminal records more meaningful chances to compete for jobs, and to provide for themselves and their families, while supporting Colorado's workforce and economy.
• At the same time, CTC protects employers' ability to make their own hiring decisions — because CTC doesn't require hiring candidates with criminal records; it requires only giving them a chance to compete, by letting them apply without being screened out due to criminal records.

Covered Employers

• CTC covers employers of all sizes, and in all industries, except it excludes government agencies, quasi-governmental entities, and political subdivisions of the state.
• CTC defines "employer" as a person (including a business entity) engaging individuals for services of any nature, including an employer's agent, representative, or designee, as well as employment agencies.

Prohibited Practices

• In any form of job application or advertisement, printed or electronic, CTC prohibits employers from:
  1. stating in a job application or advertisement that a person with a criminal history may not apply;
  2. asking about an applicant's criminal history on an initial job application; or
  3. requiring the applicant to report their criminal history on an initial job application.
• An employer's contract (with a customer, supplier, etc.) prohibiting it from using or hiring workers with criminal histories is not a valid defense to an employer's CTC violation.
• Job postings that don't expressly prohibit an application, but say an applicant "must pass a background check" or have "no prior felonies," still violate CTC. However, employers still can:
• inform potential applicants that a background check may be conducted upon a conditional offer of employment, with the specific criteria and factors that would be used in making a hiring decision; and
• obtain publicly available criminal background reports on applicants at any time.

Complaints and Employer Responses

• This Division accepts complaints (using the CTC form on the Division Job Postings and Hiring webpage) from any person who believes they witnessed, suffered from, or were injured by a CTC violation — including anonymous persons, or persons who decide not to apply for a job after seeing a posting or application.
• An employer that receives a Notice of Complaint from the Division should review it carefully, respond with the requested documentation, and contact the assigned investigator with any questions.

Employer Recordkeeping Requirements

• Employers must, for 2 years or (if longer) the duration of a Division investigation, keep copies of all job advertisements or applications (printed or electronic) with any question, inquiry, or request on any aspect of "criminal history" (defined by C.R.S. § 8-2-130; see Posting, Screening, and Transparency ("POST") Rules, 7 CCR 1103-18, Rule 6.1).

Exceptions to CTC Requirements

• CTC requirements do not apply to a job if:
  1. for the particular position, federal, state, or local law (statutes or rules) either
  (a) prohibit employing a person with a "specific criminal history" or
  (b) require the employer to conduct a criminal history record check; or
  2. the employer is participating in a federal, state, or local government program to encourage the employment of people with criminal histories.
• If the first exception applies, the job advertisement or application must be reasonably specific as to what criminal records, if any, will disqualify an applicant.

Example: Employers employing truck drivers may have to follow applicable laws prohibiting the hiring of someone found guilty of driving under the influence of drugs or alcohol. But the employer's job posting may not broadly state "no felonies" in order to qualify for the exception. Instead, the employer's job posting must reasonably specify what offenses will disqualify an applicant.

Enforcement

• Filing of complaints must be with the Division (not courts) within 12 months of violations.
• The Division investigates any complaint by a named complainant unless it is without merit. Anonymous complaints are accepted and serve as tips that the Division may investigate at its discretion.
• Remedies if a violation of CTC is found include orders requiring the employer to:
• comply with CTC within 30 business days; and
• pay a penalty, up to $1,000 for a second violation, or $2,500 for a later violation, if the employer either
  • failed to comply with an order requiring CTC compliance within 30 business days, or
  • complied with an order requiring CTC compliance, then committed another violation.
• Visit cdle.colorado.gov/Postings for instructions on how to file a complaint, and other information on CTC and related laws.

For More Information: Visit the Division website, call 303-318-8441, or email [email protected].

INFOs are not binding law, but are the officially approved Division opinions and notices on how it applies and interprets various statutes and rules. The Division continues to update and post new INFOs; email [email protected] with any suggestions. To be sure to reference up-to-date INFOs, rules, or other material, visit ColoradoLaborLaw.gov. Last updated Apr. 8, 2026