C.R.S. § 24-5-101 Effect of criminal conviction on employment rights - fee - determination
24-5-101. Effect of criminal conviction on employment rights - fee - determination. (1) (a) Except as otherwise provided in subsection (1)(b) of this section, the fact that a person has been convicted of a felony or other offense 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) does not apply to:
(I) The offices and convictions described in section 4 of article XII of the state constitution;
(II) The certification and revocation of certification of peace officers as provided in section 24-31-305;
(III) The employment of personnel in positions involving direct contact with vulnerable persons as specified in section 27-90-111, C.R.S.;
(IV) The licensure or authorization of educators prohibited pursuant to section 22-60.5-107 (2), (2.5), or (2.6), C.R.S.;
(V) The employment of persons in public or private correctional facilities pursuant to sections 17-1-109.5 and 17-1-202 (1)(a)(I) and (1.5), and the employment of persons in public or private juvenile facilities pursuant to sections 19-2.5-1505 and 19-2.5-1519 (4);
(VI) The employment of persons by the public employees' retirement association created pursuant 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
(VII) (A) The employment of persons by the department of public safety, the department of corrections, and the department of revenue.
(B) The exception in subsection (1)(b)(VII)(A) of this section does not apply to positions within the wildland fire management section in the department of public safety.
(2) (a) (I) When a state or local agency is required to make a finding regarding an applicant for a license, certification, permit, or registration as a condition of issuing the license, certification, permit, or registration, or is required to evaluate the impact of an applicant's criminal record, and the applicant has, at some time, been convicted of a felony or other offense, the state or local agency shall give consideration to pertinent circumstances connected with the conviction in determining whether 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.
(II) A state agency making a finding pursuant to subsection (2)(a)(I) of this section may only consider convictions pursuant to section 12-20-206.
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.
(II) A state agency making a finding pursuant to subsection (2)(a)(I) of this section may only consider convictions pursuant to section 12-20-206.
(b) In evaluating an applicant, a local agency shall comply with subsection (4) of this section, and a state or local agency shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified:
(I) The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest;
(II) The applicant has been convicted of a criminal offense but pardoned;
(III) The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged;
(IV) A court has issued an order of collateral relief specific to the credential sought by the applicant; or
(V) The applicant has been adjudicated for committing a delinquent act in a juvenile proceeding.
(3) (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.
(b) (I) With the exception of the department of corrections and the department of public safety, a local 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.
(II) The exception in subsection (3)(b)(I) of this section does not apply to positions within the wildland fire management section in the department of public safety.
(c) If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, a local agency determines that the applicant has a criminal history, the local 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:
(I) The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending;
(II) The applicant has been convicted of a criminal offense but pardoned;
(III) The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; or
(IV) A court has issued an order of collateral relief specific to the employment sought by the applicant.
(d) and (e) Repealed.
(4) Except as provided in subsection (6) of this section, when considering an applicant for 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, a local agency determines that the applicant has a conviction other than as described in subsection (2)(b) or (3)(c) of this section, the local agency shall consider the following factors when determining whether the conviction disqualifies the applicant:
(a) The nature of the conviction;
fter determining that an applicant is a finalist or making a conditional offer of employment to an applicant, a local agency determines that the applicant has a conviction other than as described in subsection (2)(b) or (3)(c) of this section, the local agency shall consider the following factors when determining whether the conviction disqualifies the applicant:
(a) The nature of the conviction;
(b) Whether there is a direct relationship between the conviction and the position's duties and 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;
(c) Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and
(d) The time that has elapsed since the conviction.
(5) Notwithstanding any other provision of law to the contrary, the provisions of this section apply to the office of the governor.
(6) (a) If, at any stage in the hiring process, the department of corrections or the department of public safety determines that the applicant has been convicted of a crime, the department must consider the factors listed in subsections (4)(a) to (4)(d) of this section when determining whether the conviction disqualifies the applicant for the position.
(b) Notwithstanding subsection (6)(a) of this section, if, after determining that an applicant for a position within the wildland fire management section in the department of public safety is a finalist or when making a conditional offer of employment to the applicant, the department of public safety determines the applicant has been convicted of a crime, the department must consider the factors listed in subsections (4)(a) to (4)(d) of this section when determining whether the conviction disqualifies the applicant for the position.
(7) Before a local agency makes a final determination that a criminal conviction disqualifies an applicant from receiving a license, certification, permit, or registration, the agency shall provide the applicant with written notice that describes:
(a) The specific conviction that is the basis for the disqualification;
(b) The reasons the conviction was determined to be disqualifying, including findings for each of the factors in subsection (4) of this section that the agency deemed relevant to the determination; and
(c) The right to submit additional evidence relevant to each of the factors listed in subsection (4) of this section, consistent with section 24-4-104.
(8) A state or local agency that makes a final determination that a criminal conviction will prevent an applicant from receiving a license, certification, permit, or registration shall issue the determination in writing and shall include notice of the right to appeal the determination and notice of the earliest date the applicant may reapply for the credential in accordance with section 24-4-106.