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Colorado Restricts Reporting of Expunged Records

By Michael Klazema on 6/15/2016

The Colorado legislature passed House Bill 1265 that prohibits the reporting of expunged criminal history. Governor John Hickenlooper, Jr. signed the bill on June 10, 2016, and it goes into effect immediately.

Under Colorado Revised Statutes 24-72-701.5(4), “Employers, educational institutions, state and local government agencies, officials, and employees shall not in any application or interview in any other way, require an applicant to disclose any information contained in expunged records.” The law also states that the employer cannot deny employment to the potential applicant because of their refusal to disclose arrest and criminal records information that has been expunged.

The Colorado law is similar to laws in other states on which backgroundchecks.com has reported in the past (TennesseeLouisianaNorth CarolinaWashington State, and California) regarding expunged records. We will continue to report whenever a state restricts access to or the reporting of criminal records.

Colorado House Bill 1265 is available for review here: https://legiscan.com/CO/text/HB1265/id/1384034/Colorado-2016-HB1265-Enrolled.pdf

What this update means for you:

  • This applies to all employers in the state of Colorado.
  • Employers may not request in the job application or interview for an applicant to disclose any criminal information that has been expunged from their records.
  • Employers cannot deny employment to a potential applicant solely because the applicant refused to disclose their expunged arrest or criminal records information.

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