Background check basics for HR in Colorado.
Colorado background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Colorado
- Report lookback: 7 years (FCRA default). Colorado follows the FCRA seven-year window; recently sealed records under SB 21-271 must be suppressed.
- Ban-the-box: Statewide (CRS §8-2-130). The Chance to Compete Act removed the criminal-history question from initial applications statewide effective Sept 1, 2019 (all private employers Sept 1, 2021).
- Salary history: Banned (Equal Pay for Equal Work Act). Employers may not seek wage-history information. All postings must include compensation, benefits, and application deadline.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Colorado."
Ask this in Ask HR AIPractitioner steps for Colorado
- Step 1. Use the Colorado report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any CO-specific consent language required.
- Step 3. Respect the Colorado ban-the-box trigger (Statewide (CRS §8-2-130)) before running any criminal search.
- Step 4. Check CO statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Colorado statutes and references
- CRS §8-2-130
- CRS §8-5-201 (Equal Pay)
- SB 21-271 (sealing)
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Colorado overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Colorado topics
- FCRA adverse action in Colorado
- Ban-the-Box and Fair Chance hiring in Colorado
- Wage and hour in Colorado
- Leaves and accommodations in Colorado
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Connecticut
- See all states
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.