(1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent the person from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration required by the laws of this state to follow any business, occupation, or profession.
(b) This subsection (1) shall not apply to:
The offices and convictions described in section 4 of article XII of the state constitution;
The certification and revocation of certification of peace officers as provided in section 24-31-305;
The employment of personnel in positions involving direct contact with vulnerablepersons as specified in section 27-90-111, C.R.S.;
The licensure or authorization of educators prohibited pursuant to section 22-60.5-
107 (2), (2.5), or (2.6), C.R.S.;
The employment of persons in public or private correctional facilities pursuant to theprovisions of sections 17-1-109.5 and 17-1-202 (1)(a)(I) and (1.5), C.R.S., and the employment of persons in public or private juvenile facilities pursuant to the provisions of sections 19-2403.3 and 19-2-410 (4), C.R.S.;
The employment of persons by the public employees' retirement association createdpursuant to section 24-51-201 who, upon the commencement of that employment, will have access to association investment information, association assets, or financial, demographic, or other information relating to association members or beneficiaries; and
The employment of persons by the department of public safety, the department ofcorrections, and the department of revenue.
(a) Whenever any state or local agency is required to make a finding that an applicant for a license, certification, permit, or registration is a person of good moral character as a condition to the issuance thereof, or evaluate the impact of an applicant's criminal record, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude, and pertinent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is qualified. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.
(b) In evaluating an applicant, an agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified:
The applicant has been arrested for or charged with but not convicted of a criminaloffense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest;
The applicant has been convicted of a criminal offense but pardoned;
The applicant has been convicted of a criminal offense but records of the convictionhave been sealed or expunged; or
A court has issued an order of collateral relief specific to the credential sought bythe applicant.
(a) Unless statute prohibits the employment of a person with a specific criminal conviction for a particular position, an agency shall not advertise the position with a statement that a person with a criminal record may not apply for the position or place on the application a statement that a person with a criminal record may not apply for the position.
With the exception of the department of corrections and the department of publicsafety, the agency shall not perform a background check until the agency determines that an applicant is a finalist or makes a conditional offer of employment to the applicant.
If, after determining that an applicant is a finalist or after making a conditional offerof employment to an applicant, the agency determines that the applicant has a criminal history, the agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment:
The applicant has been arrested for or charged with but not convicted of a criminaloffense and the criminal case is not actively pending;
The applicant has been convicted of a criminal offense but pardoned;
The applicant has been convicted of a criminal offense but records of the convictionhave been sealed or expunged; or
A court has issued an order of collateral relief specific to the employment sought bythe applicant.
(d) and (e) Repealed.
Except as provided in subsection (6) of this section, when considering an applicantfor a license, certification, permit, or registration pursuant to subsection (2) of this section or, if, after determining that an applicant is a finalist or making a conditional offer of employment to an applicant, the agency determines that the applicant has a conviction other than as described in subsection (2)(b) or (3)(c) of this section, the agency shall consider the following factors when determining whether the conviction disqualifies the applicant:
The nature of the conviction;
Whether there is a direct relationship between the conviction and the position's dutiesand responsibilities and the bearing, if any, the conviction may have on the applicant's fitness or ability to perform one or more such duties and responsibilities, including whether the conviction was for unlawful sexual behavior as listed in section 16-22-102 (9); whether the duties of employment would place a coworker or the public in a vulnerable position; and whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment because of the individual's circumstances, including the individual's age, disability, frailty, mental health disorder, developmental disability, or ill health;
Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and
The time that has elapsed since the conviction.
Notwithstanding any other provision of law to the contrary, the provisions of thissection apply to the office of the governor.
If, at any stage in the hiring process, the department of corrections or the departmentof public safety determines that the applicant has been convicted of a crime, the department must consider the factors listed in paragraphs (a) to (d) of subsection (4) of this section when determining whether the conviction disqualifies the applicant for the position.
Source: L. 73: p. 513, § 1. C.R.S. 1963: § 39-25-101. L. 90: Entire section amended, p. 1207, § 1, effective March 16. L. 92: Entire section amended, p. 1098, § 7, effective March 6. L. 95: Entire section amended, p. 1103, § 37, effective May 31. L. 99: Entire section amended, p. 923, § 2, effective July 1. L. 2003: Entire section amended, p. 2521, § 11, effective June 5. L. 2004: (1)(b)(III) and (1)(b)(IV) amended and (1)(b)(V) added, p. 232, § 5, effective April 1. L. 2006: (1)(b)(VI) added, p. 161, § 1, effective March 31. L. 2010: (1)(b)(III) amended, (SB 10175), ch. 188, p. 795, § 52, effective April 29. L. 2011: (1)(b)(IV) amended, (HB 11-1121), ch. 242, p. 1061, § 9, effective August 10. L. 2012: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII), (3), (4), and (5) added, (HB 12-1263), ch. 233, p. 1021, § 1, effective August 8. L. 2014: (1)(b)(VII), (3)(b), and IP(4) amended and (6) added, (HB 14-1172), ch. 61, p. 279, § 1, effective August 6. L. 2018: (1)(b)(VII), (2), (3)(c), IP(4), and (4)(b) amended and (3)(d) and (3)(e) repealed, (HB 18-1418), ch. 352, p. 2086, § 1, effective May 30.
Cross references: In 2011, subsection (1)(b)(IV) was amended by the "Safer Schools Act of 2011". For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011.