Colorado has some of the more detailed screening rules in the country. The Chance to Compete Act, C.R.S. § 8-2-130, has applied to all private employers since September 1, 2021. Employers may not ask about criminal history on the initial application or advertise that people with records need not apply, though they may still get a public background report. The Employment Opportunity Act, C.R.S. § 8-2-126, lets employers use credit information only when it is substantially related to the job, and requires disclosure when they rely on it.
For renters, C.R.S. § 38-12-904 limits screening. Landlords may not consider arrest records at all, or convictions more than five years old, except for certain serious offenses. Rental and credit history older than seven years is also off-limits. Landlords must accept a recent portable tenant screening report from the applicant. A denied applicant must receive written reasons and, if a screening report was used, a copy of it and notice of the right to dispute.
Colorado's Clean Slate law, C.R.S. § 13-3-117, has automatically sealed many eligible convictions since 2024 after a crime-free waiting period of four to ten years. It added many non-drug felonies in 2025. People can also petition to seal under C.R.S. § 24-72-706. The Colorado Consumer Credit Reporting Act bars reporting sealed, expunged and non-conviction records, so a background or tenant report that lists one may be inaccurate.
Where Colorado FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Colorado are heard in one federal district:
- District of ColoradoCourthouses: Denver, Colorado Springs, Grand Junction, Durango.Our attorneys are admitted here
Colorado laws that add to the FCRA
- Colorado Chance to Compete Act (C.R.S. § 8-2-130)
Bars private employers from asking about criminal history on an initial application or stating in an ad that people with records may not apply. It covers all private employers since September 1, 2021, with exceptions for jobs where law bars or requires a criminal history check. Read it - Employment Opportunity Act (employer credit checks) (C.R.S. § 8-2-126)
Lets employers use consumer credit information only when it is substantially related to the job. An employer that relies on it for an adverse action must disclose that and the specific information used. Read it - Rental application and tenant screening limits (C.R.S. § 38-12-904)
Bars landlords from considering arrests, convictions more than five years old except certain serious offenses, and rental or credit history more than seven years old. Landlords must accept a portable tenant screening report and give written reasons and a copy of any report when they deny an application. Read it - Automatic sealing of conviction records (Clean Slate) (C.R.S. § 13-3-117)
Requires the courts to automatically seal many eligible convictions after a crime-free period of four to ten years, unless a prosecutor objects. Automatic sealing began in 2024, and many felonies were added starting July 1, 2025. Read it - Petition to seal conviction records (C.R.S. § 24-72-706)
Lets people ask a court to seal many conviction records after waiting periods of one to five years, depending on the offense. Some serious offenses are excluded. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can a Colorado landlord deny me for a conviction from ten years ago?
Generally no. Colorado law bars landlords from considering convictions more than five years before the application, except for certain offenses such as some methamphetamine crimes and offenses requiring sex offender registration. Arrests that did not lead to conviction may not be considered at all.
Can a Colorado employer ask about my record on the application?
Not on the initial application. The Chance to Compete Act bars that for private employers, with some exceptions for jobs where law requires a check. An employer may still run a background check later, and the FCRA's consent and adverse action rules apply.
Will my sealed Colorado record show up on a background check?
It should not. Colorado law bars consumer reporting agencies from reporting sealed or expunged records. If a sealed case appears on an employment or tenant report, you can dispute it, and the company generally must reinvestigate within 30 days.
How long do I have to file an FCRA lawsuit in Colorado?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of Colorado
- Federal Judicial Center, District of Colorado meeting places
- Colorado Consumer Credit Reporting Act, C.R.S. Title 5, Article 18
- C.R.S. § 5-18-109
- Colorado General Assembly, HB23-1126
- Georgetown Litigation Tracker, ACA International complaint challenging HB23-1126
- National Consumer Law Center, What States Can Do on Medical Debt Credit Reports (Nov. 2025)
- C.R.S. § 8-2-126
- C.R.S. § 38-12-904
- C.R.S. § 13-3-117
- C.R.S. § 24-72-706
Updated November 2026. This page is general information, not legal advice.