Colorado has a “Ban the Box” law that prohibits private employers from asking about criminal background on the initial employment application. This way, employers can no longer disqualify job applicants with criminal records without first considering their qualifications. The Ban the Box Law was passed as part of the Colorado Chance to Compete Act in 2019.¹

What does the Ban the Box law do in Colorado?

Colorado’s Ban the Box law forbids private employers from three things:

1. Mandating that applicants disclose their criminal history on an initial job application; and
2. Asking about an applicant’s criminal history on an initial job application; and
3. Stating in an advertisement or application that people with criminal histories are not allowed to apply.

But there are three exceptions where employers may ask about criminal history up front:

1. The employer is prohibited by state, local, or federal law from employing a person with a specific criminal history. (For example, gun store owners cannot hire convicted felons to work in their gun store.)
2. The employer is required by state, local, or federal law to conduct a criminal history record check.
3. The job is part of a government program to encourage employment opportunities for people who have been convicted of a crime

Note this law does not apply to federal, state, or local government agencies, just private sector employers.²

Are employers still allowed to run background checks?

Yes. Colorado employers are free to run criminal background checks on job applicants at any time during the hiring process. They do not have to wait until candidates “make the first cut” in the application process or receive a conditional offer of employment. Employers just cannot ask about criminal histories on the initial application.

Note that criminal records that have been sealed or expunged typically do not show up in background checks.

Are Colorado employers required to hire job candidates with criminal histories?

No. Employers do not have to fill any kind of quota for having employees with criminal histories. But they are encouraged to consider candidates’ merits before disqualifying them for past criminal conduct, especially if they have been fully rehabilitated.

What if an employer still asks about criminal history up front?

People may file a complaint with Colorado’s Division of Labor Standards and Statistics if they witness an alleged violation of the Chance to Compete Act. These complaints can be submitted anonymously. The Colorado Department of Labor And Employment will then investigate the matter and take corrective action.

Employers cited for a first violation of the Act are given a warning and 30 days to comply (such as by editing the job application to remove questions about criminal history). A second violation carries a $1,000 fine payable to the state. And a subsequent violation carries a $25,000 fine.³

When did Colorado get the “Ban the Box” law?

The Ban the Box legislation was implemented on September 1, 2019, as part of the Colorado Chance to Compete Act. Initially, this new law applied only to private employers with 11 or more employees. As of September 1, 2021, the Ban the Box law applies to all private employers.

Legal References