Colo. Rev. Stat. » Title 24
Colorado Revised Statutes

Colo. Rev. Stat. § 24-5-101 (2026)

Effect of criminal conviction on employment rights - fee - determination

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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.

(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;

(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.

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 10- 175), 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. L. 2021: (1)(a), IP(1)(b), (1)(b)(VII), (3)(b), and (6) amended, (SB 21-012), ch. 29, p. 121, § 1, effective April 15; IP(1)(b) and (1)(b)(V) amended, (SB 21-059), ch. 136, p. 744, § 112, effective October 1. L. 2022: (2)(b)(III) and (2)(b)(IV) amended and (2)(b)(V) added, (HB 22-1383), ch. 365, p. 2605, § 4, effective August 10; (7) and (8) added, (HB 22-1098), ch. 220, p. 1438, § 2, effective August 10. L. 2024: (1)(a), (2)(a), IP(2)(b), (3)(b)(I), IP(3)(c), IP(4), and IP(7) amended, (HB 24-1004), ch. 371, p. 2497, § 3, effective August 7.

Editor's note: Section 5(2) of chapter 371 (HB 24-1004), Session Laws of Colorado 2024, provides that the act changing this section applies to applications for registration, certification, permitting, or licensure submitted on or after August 7, 2024.

Cross references: (1) 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.

(2) For the legislative declaration in HB 22-1383, see section 1 of chapter 365, Session Laws of Colorado 2022.

24-5-102. Employee information - student loan repayment and forgiveness programs - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:

(I) Many Coloradans have federal student loans made through the United States department of education's direct loan program or the federal family education loan program;

(II) Large amounts of student loan debt and insecurity in the job market have resulted in high student loan default rates;

(III) However, many borrowers qualify for loan repayment programs that allow for lower monthly payments;

(IV) In addition, there are federal programs that allow borrowers to have their loans forgiven after working for a certain period of time in the public sector, as a teacher, or for a nonprofit public service organization;

(V) The federal consumer financial protection bureau has a toolkit and resources to help employers assist their employees in accessing the federal programs;

(VI) As a public sector employer, Colorado can help qualified employees access federal loan repayment and loan forgiveness programs for which they may qualify by providing information to its employees about these federal programs; and

(VII) Further, school districts, the state charter school institute, local governmental entities, and nonprofit public service organizations can assist their employees by providing information about these federal programs.

(b) Therefore, the general assembly declares that employees will benefit from receiving information about federal student loan programs that provide assistance through loan repayment options or loan forgiveness.

(2) As used in this section, unless the context otherwise requires:

(a) "Public service loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.219.

(b) "Teacher loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.217.

(3) (a) On or before December 31, 2019, the department of personnel shall develop informational materials described in subsection (3)(e) of this section to increase awareness of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment options, including income-sensitive repayment programs. In lieu of developing the informational materials, the department of personnel may provide materials published by a federal agency that include the required information.

(b) On or before January 1, 2020, and on or before January 1 each year thereafter, the department of personnel shall facilitate the distribution of the informational materials to:

(I) All state employees;

(II) The department of education, for distribution to each school district and board of cooperative services and to the state charter school institute for the benefit of teachers employed by a school district, a district charter school, a board of cooperative services, or by an institute charter school;

(III) The department of higher education, for distribution to the governing board for each state institution of higher education for the benefit of employees of state institutions of higher education;

(IV) The secretary of state, for posting the informational materials on the secretary of state's website for distribution to nonprofit public service organizations, as defined in 34 CFR 685.219, for the benefit of the employees of nonprofit public service organizations; and

(V) The division of local government in the department of local affairs, for distribution to local governmental entities, as defined in section 24-32-104 (1)(m)(II).

(c) In addition to annual distribution, the department of personnel shall facilitate the distribution of the informational materials to newly hired state employees as part of its employee orientation process.

(d) The department of personnel may distribute the informational materials to state employees or human resources directors through an e-mail or as part of a mailing or regular communication to state employees.

(e) The information provided pursuant to this section must include a summary of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment programs, including who may be eligible for the programs, steps that an eligible employee must take in order to participate in the programs, and a recommendation that employees contact their student loan servicer or private education lender or an ombudsman at the state, if one exists, for additional information.

(f) The department of personnel shall make the informational materials available on the department of personnel's website. The department of personnel shall verify the information's accuracy at least annually and update the informational materials as necessary. The department of personnel shall distribute updated informational materials to the entities included in subsection (3)(b) of this section.

Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 111, § 1, effective August 2. L. 2021: (3)(e) amended, (SB 21-057), ch. 378, p. 2534, § 18, effective June 29.

Editor's note: Section 19 of chapter 378 (SB 21-057), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after June 29, 2021, including collection of debts arising out of loans issued before June 29, 2021. ARTICLE 6 Colorado Sunshine Law

PART 1

GENERAL PROVISIONS

Notes of Decisions
Cited in 13 cases, 1980–2012 · leading case: Smith v. Colorado Motor Veh. Dealer Bd., 200 P.3d 1115 (Colo. Ct. App. 2008).
Sort: Relevance Newest Treatment
Smith v. Colorado Motor Veh. Dealer Bd., 200 P.3d 1115 (Colo. Ct. App. 2008). · cites it 27× “He did not deny his felony theft convictions, but he argued, as relevant here, that the Board could not rely on section 12-6-118(7)(a)(I) because the mandatory disqualification set forth in that section conflicted with section 24-5-101, C.R.S.2008, which provides that a criminal…”
Zamarripa v. Q & T Food Stores, Inc., 929 P.2d 1332 (Colo. 1997). · cites it 18× “Here, the Agency has simply incorporated into its regulations the statutory language that a person is ineligible to hold a license if he is “not of good character and reputation, notwithstanding the provisions of C.R.S., 24-5-101, in the community in which he resides.”
Kazadi v. People, 291 P.3d 16 (Colo. 2012). · cites it 3× “(2012)); the inability to obtain a professional license in certain fields, including law enforcement and education, or the possible revocation of such a license (section 24-5-101, C.R.S. (2012)); the inability to obtain a U.”
Colorado State Bd. of Pharmacy v. Priem, 272 P.3d 1136 (Colo. Ct. App. 2012). · cites it 22× “T1 May a licensing board decline to reinstate a license to a former licensee who has been previously convicted of a erime related to the licensed profession, even though he has demonstrated his subsequent rehabilitation? We conclude that, notwithstanding section 24-5-101,…”
Colorado Real Est. Comm'n v. Bartlett, 272 P.3d 1099 (Colo. Ct. App. 2011). · cites it 10× “In Zamarripa, on which respondent heavily relies, the supreme court suggests that section 24-5-101 does not apply until the convicted felon completes his or her sentence: Section 24-5-101 embodies the generally applicable policy of the state of Colorado that convicted felons who…”
Ficarra v. Dep't of Regulatory Agencies, Div. of Ins., 849 P.2d 6 (Colo. 1993). · cites it 3× “the department shall be governed by the provisions of section 24-5-101, [10] C.R.S. [(1982) (the Ex-Offenders’ Rights Act) ].”
DeMarco v. Colorado Ltd. Gaming Control Comm'n, 855 P.2d 23 (Colo. Ct. App. 1993). · cites it 9× “notwithstanding the provisions of section 24-5-101, C.R.S.; (II) Any gambling-related offense or theft by deception; (III) Any crime involving fraud or misrepresentation, notwithstanding the provisions of section 24-5-101, C.”
Weber v. Colorado State Bd. of Nursing, 830 P.2d 1128 (Colo. Ct. App. 1992). · cites it 3× “In considering the possible revocation, suspension, or nonre-newal of a license or temporary license, the board shall be governed by the provisions of section 24-5-101, C.R.S. (emphasis added) Here, it is undisputed that: (1) petitioner pled guilty to two felonies and received a…”
Davis v. State Bd. of Psychologist Examiners, 791 P.2d 1198 (Colo. Ct. App. 1989). · cites it 2× “We also reject the respondent’s contention that the Board was obligated to consider whether respondent has been rehabilitated pursuant to § 24-5-101, C.R.S. (1988 Repl. Vol. 10A).”
Colorado State Bd. of Med. Examiners v. Reiner, 786 P.2d 499 (Colo. Ct. App. 1989). · cites it 2× “Similarly, there is no support in the record for respondent’s claim that the Board failed to consider the evidence of his rehabilitation, as required by § 24-5-101, C.R.S. (1988 Repl.Vol. 10A), or that the Board ignored other evidence favorable to him.”
Lang v. Colorado Mental Health Inst. in Pueblo, 44 P.3d 262 (Colo. Ct. App. 2001). “See also § 24-5-101, et seq., C.R.8.2000. Pursuant to constitutional direction, the enabling statutes and rules of the state personnel system establish a comprehensive wage system, providing for the regular payment of employee salaries on the last day of each month.”
Q & T Food Stores, Inc. v. Zamarripa, 910 P.2d 44 (Colo. Ct. App. 1995). · cites it 6× “Under that statute, any person who is not of good character and reputation in the community in which he resides, notwithstanding the provisions of § 24-5-101, C.R.S. (1994 Cum. Supp.) is ineligible for a license as a Colorado lottery sales agent.”
Show all 13 citing cases →
Colo. Rev. Stat. § 24-5-101(1)(a): 3 cases
Smith v. Colorado Motor Veh. Dealer Bd., 200 P.3d 1115 (Colo. Ct. App. 2008). “He did not deny his felony theft convictions, but he argued, as relevant here, that the Board could not rely on section 12-6-118(7)(a)(I) because the mandatory disqualification set forth in that section conflicted with section 24-5-101, C.R.S.2008, which provides that a criminal…”
Colorado Real Est. Comm'n v. Bartlett, 272 P.3d 1099 (Colo. Ct. App. 2011). “In Zamarripa, on which respondent heavily relies, the supreme court suggests that section 24-5-101 does not apply until the convicted felon completes his or her sentence: Section 24-5-101 embodies the generally applicable policy of the state of Colorado that convicted felons who…”
Colorado State Bd. of Pharmacy v. Priem, 272 P.3d 1136 (Colo. Ct. App. 2012). “T1 May a licensing board decline to reinstate a license to a former licensee who has been previously convicted of a erime related to the licensed profession, even though he has demonstrated his subsequent rehabilitation? We conclude that, notwithstanding section 24-5-101,…”
Colo. Rev. Stat. § 24-5-101(2): 2 cases
Colorado Real Est. Comm'n v. Bartlett, 272 P.3d 1099 (Colo. Ct. App. 2011). “In Zamarripa, on which respondent heavily relies, the supreme court suggests that section 24-5-101 does not apply until the convicted felon completes his or her sentence: Section 24-5-101 embodies the generally applicable policy of the state of Colorado that convicted felons who…”
Colorado State Bd. of Pharmacy v. Priem, 272 P.3d 1136 (Colo. Ct. App. 2012). “T1 May a licensing board decline to reinstate a license to a former licensee who has been previously convicted of a erime related to the licensed profession, even though he has demonstrated his subsequent rehabilitation? We conclude that, notwithstanding section 24-5-101,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.