What does Colorado's Clean Slate law seal automatically?

Colorado's Clean Slate law automatically seals: (1) arrests not resulting in conviction (immediately); (2) infractions after 4 years from case completion; (3) misdemeanor convictions after 5 years; and (4) certain felony convictions (primarily drug offenses and lower-level felonies) after 10 years. Excluded offenses include crimes of violence, sex offenses, DUI, and domestic violence.

When can a Colorado employer ask about my criminal history?

Under the Chance to Compete Act, employers cannot ask about criminal history on the initial job application. They must wait until after your first interview, or if no interview is conducted, until after making a conditional offer of employment. Job postings also cannot state that people with criminal records should not apply.

Will a sealed record show up on my background check in Colorado?

No. Once a record is sealed in Colorado — whether automatically under the Clean Slate law or by petition — it should not appear on background checks conducted by consumer reporting agencies. You can also legally state that you have not been convicted of the sealed offense when asked by employers.

What convictions are excluded from Colorado's Clean Slate law?

The Clean Slate law excludes: crimes of violence (as defined in CRS § 18-1.3-406), sex offenses, offenses requiring sex offender registration, DUI/DWAI, domestic violence offenses, stalking, and certain other serious offenses. If your conviction falls into an excluded category, you may still be able to petition for sealing through the court.

Can I petition for record sealing if the automatic process hasn't reached my record yet?

Yes. If your record is eligible for automatic sealing but hasn't been processed yet, you can file a petition with the court to have it sealed sooner. Legal aid organizations in Colorado can help you with this process. The automatic process is being rolled out on a timeline through July 2025.

Does the $75,000 salary threshold matter if my record is sealed?

No. If your record has been sealed under the Clean Slate law or by petition, it should not appear on any background check regardless of the salary level. The $75,000 threshold only applies to the 7-year lookback rule for non-sealed conviction records.

How do I check my own criminal record in Colorado?

You can request your criminal history from the Colorado Bureau of Investigation (CBI). Reviewing your record is an important first step — it lets you check for errors, see what is currently visible, and determine whether any of your records may be eligible for sealing.

Colorado Background Check Laws

7-year lookback limitLast updated: 2026-04-01

In Colorado, criminal convictions cannot be reported on a background check after 7 years for positions paying under $75,000/year. Colorado also has a Clean Slate law that automatically seals many records — arrests (immediate), infractions (4 years), misdemeanors (5 years), and certain felonies (10 years) after case completion.

Overview

Colorado offers strong protections for people with criminal records seeking employment. The state imposes a 7-year lookback limit on reporting criminal convictions on background checks for positions paying less than $75,000 per year, providing a meaningful time boundary that helps people move forward. This is more protective than the federal FCRA baseline, which allows indefinite reporting of convictions. Colorado's Chance to Compete Act (effective September 1, 2021) is a comprehensive ban-the-box law that covers all private employers. It prohibits employers from asking about criminal history on initial job applications and restricts when and how employers can inquire about and consider conviction records. Employers cannot inquire about criminal history until after an initial interview or, if no interview is conducted, until a conditional offer has been made. Colorado also enacted a robust Clean Slate law (effective June 2024, with provisions rolling out through July 2025) that provides automatic sealing of certain records. Arrests not resulting in conviction are sealed automatically. Infractions are sealed after 4 years, misdemeanor convictions after 5 years, and certain felony convictions after 10 years from case completion. Once sealed, these records cannot be reported on background checks, giving Coloradans a genuine path to a clean slate.

How Far Back Does a Background Check Go in Colorado?

Record Type	Rule in Colorado
Felony Convictions	Subject to the 7-year lookback limit for positions under $75K salary. Many felonies are also eligible for automatic sealing under the Clean Slate law after 10 years from case completion.
Misdemeanor Convictions	Subject to the 7-year lookback limit. Misdemeanors are eligible for automatic sealing under the Clean Slate law after 5 years from case completion.
All Convictions	7-year lookback limit for positions paying under $75,000/year. Convictions older than 7 years cannot be reported on background checks for these positions. For positions paying $75,000+, convictions may be reported beyond 7 years.
Arrests (No Conviction)	Arrests not resulting in conviction are automatically sealed under Colorado's Clean Slate law and should not appear on background checks. Even before the Clean Slate law, the FCRA limits non-conviction records to 7 years.
Pending Cases	Pending criminal cases can be reported on a background check regardless of when charges were filed.
Salary Threshold	$75,000

Ban the Box / Fair Chance

Yes — covers private employers

Colorado's Chance to Compete Act (HB 19-1025, effective September 1, 2021) is a comprehensive ban-the-box law covering all private and public employers. Key provisions: (1) Employers CANNOT include questions about criminal history on initial job applications. (2) Employers cannot inquire about criminal history until after the initial interview, or if no interview is conducted, until after a conditional offer of employment. (3) Employers cannot advertise that people with criminal records may not apply. (4) The law applies to all employers regardless of size. (5) Violations can be reported to the Colorado Department of Labor and Employment.

Effective: 2021-09-01

Clean Slate / Auto-Sealing

Yes — automatic sealing

Colorado enacted a comprehensive Clean Slate law (effective June 2024, with full implementation by July 2025) that provides automatic sealing of certain criminal records. Key provisions: (1) Arrests not resulting in conviction are automatically sealed. (2) Infractions are automatically sealed 4 years after case completion. (3) Misdemeanor convictions are automatically sealed 5 years after case completion. (4) Certain felony convictions (drug offenses and lower-level felonies) are automatically sealed 10 years after case completion. (5) Excluded offenses include crimes of violence, sex offenses, DUI, domestic violence, and certain other serious offenses. (6) Once sealed, records cannot be reported on background checks and individuals can legally state they have not been convicted of the sealed offense. (7) Individuals can also petition for sealing if the automatic process has not yet reached their record.

Effective: 2024-06-01

What Employers Can Do in Colorado

When can employers ask about criminal history?: Under the Chance to Compete Act, employers CANNOT ask about criminal history on the initial job application. They must wait until after an initial interview, or if no interview is conducted, until after a conditional offer of employment. Job postings cannot state that people with criminal records need not apply.
What can they consider?: After the appropriate stage, employers can consider conviction history but should evaluate the relevance of the conviction to the specific position. Colorado law and EEOC guidance recommend considering the nature of the offense, time elapsed, and the nature of the job. Employers cannot consider sealed records or arrests that did not result in conviction.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Colorado

Chance to Compete Act (HB 19-1025)(2021)
Comprehensive ban-the-box law covering all employers in Colorado. Prohibits criminal history questions on initial applications and restricts inquiry until after the first interview or conditional offer. Applies to both public and private employers.
Colorado Clean Slate Law(2024)
Provides automatic sealing of arrests not resulting in conviction, infractions (4 years), misdemeanors (5 years), and certain felonies (10 years) after case completion. Excluded offenses include crimes of violence, sex offenses, DUI, and domestic violence.
Colorado Consumer Credit Reporting Act (CRS § 12-14.3-105)
Colorado's state-level reporting law that limits the reporting of criminal convictions to 7 years for positions paying less than $75,000/year, providing stronger protections than the federal FCRA baseline.
Fair Credit Reporting Act (FCRA)(1970)
Federal law providing baseline protections. Colorado's state laws generally provide stronger protections, which take precedence.

Frequently Asked Questions — Colorado

How far back does a background check go in Colorado?: In Colorado, criminal convictions cannot be reported on a background check after 7 years for positions paying under $75,000/year. For higher-paying positions, convictions may be reported beyond 7 years. Additionally, Colorado's Clean Slate law automatically seals many records after specific waiting periods, which may remove them from background checks even sooner.
What does Colorado's Clean Slate law seal automatically?: Colorado's Clean Slate law automatically seals: (1) arrests not resulting in conviction (immediately); (2) infractions after 4 years from case completion; (3) misdemeanor convictions after 5 years; and (4) certain felony convictions (primarily drug offenses and lower-level felonies) after 10 years. Excluded offenses include crimes of violence, sex offenses, DUI, and domestic violence.
When can a Colorado employer ask about my criminal history?: Under the Chance to Compete Act, employers cannot ask about criminal history on the initial job application. They must wait until after your first interview, or if no interview is conducted, until after making a conditional offer of employment. Job postings also cannot state that people with criminal records should not apply.
Will a sealed record show up on my background check in Colorado?: No. Once a record is sealed in Colorado — whether automatically under the Clean Slate law or by petition — it should not appear on background checks conducted by consumer reporting agencies. You can also legally state that you have not been convicted of the sealed offense when asked by employers.
What convictions are excluded from Colorado's Clean Slate law?: The Clean Slate law excludes: crimes of violence (as defined in CRS § 18-1.3-406), sex offenses, offenses requiring sex offender registration, DUI/DWAI, domestic violence offenses, stalking, and certain other serious offenses. If your conviction falls into an excluded category, you may still be able to petition for sealing through the court.
Can I petition for record sealing if the automatic process hasn't reached my record yet?: Yes. If your record is eligible for automatic sealing but hasn't been processed yet, you can file a petition with the court to have it sealed sooner. Legal aid organizations in Colorado can help you with this process. The automatic process is being rolled out on a timeline through July 2025.
Does the $75,000 salary threshold matter if my record is sealed?: No. If your record has been sealed under the Clean Slate law or by petition, it should not appear on any background check regardless of the salary level. The $75,000 threshold only applies to the 7-year lookback rule for non-sealed conviction records.
How do I check my own criminal record in Colorado?: You can request your criminal history from the Colorado Bureau of Investigation (CBI). Reviewing your record is an important first step — it lets you check for errors, see what is currently visible, and determine whether any of your records may be eligible for sealing.

Colorado Resources

Colorado Bureau of Investigation — Criminal History Records
Request your own criminal history record from the CBI to review for accuracy and check sealing status.
Colorado Legal Services
Provides free legal assistance to low-income Coloradans, including help with record sealing petitions and employment rights.
Colorado Department of Labor and Employment — Chance to Compete
Information about your rights under the Chance to Compete Act and how to file a complaint if an employer violates the law.
Colorado Judicial Branch — Record Sealing
Court resources and forms for petitioning to seal criminal records, with self-help information for people without attorneys.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Colorado for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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