CO HB1388

Employers cannot state in job advertisements or applications that people with criminal histories are ineligible to apply for positions.

Employers cannot inquire about or require disclosure of a candidate's criminal history until after the applicant has been selected for an interview or receives a conditional job offer.

Exceptions apply when federal, state, or local law prohibits employment based on a specific conviction, requires consideration of criminal history, the position participates in a criminal history employment program, or the job requires a fidelity bond that would be disqualified by a specific conviction.

Employers must retain job applications for at least 9 months and allow the Department of Labor and Employment to inspect them within 3 days of request.

The Department of Labor and Employment enforces violations with civil penalties ranging from $500-$2,500 depending on employer size and violation number; violations do not create private lawsuits and are not admissible in other legal proceedings.