It is estimated that approximately one in every three Americans has a criminal record. If you fall into this group, you may find it hard to get a job or a place to stay. The sad part is that even convictions for minor offenses may reflect on your criminal record. If you are facing criminal charges in Colorado, it would be best to have a skilled criminal defense lawyer in Denver working on your case to help you protect your future.
A background check can be defined as the process of verifying that a person is who they claim to be. A criminal background check usually goes beyond ascertaining a person’s identity to check their suitability for employment based on their criminal record.
Employers and volunteer organizations usually conduct criminal background checks on candidates to verify their criminal records and establish their suitability for employment. When performing background checks, employers or organizations can enlist third-party screening services or invest in software designed to conduct background checks. In most cases, employers and organizations opt for using background check companies to carry out background checks on potential candidates.
The amount of time required to complete a background check depends on several factors that include:
While some criminal background check results may be available in a few hours, for example, the national database search, it may take some days or longer to get results for other types of screenings.
In Colorado, there are five primary levels of background checks that employers could be interested in when doing a background check.
This type of check involves searching the digitized criminal records across all states. It reports infractions, pending criminal cases, misdemeanors, felonies, active warrants, and history of incarcerations across the U.S. It searches the digitized records only, thus faster but less comprehensive.
This type of criminal background check searches across all the federal and appellate court databases for convictions and pending federal crimes charges. Employers usually use this type of check to uncover incidents of fraud, identity theft, or embezzlement in potential hires.
This check reveals criminal charges and convictions on a state level, including law enforcement reports. It reports on felony, misdemeanor, and pending cases of an individual.
This combs the county courts for pending cases and prior convictions. It provides the most up-to-date and comprehensive information about an individual’s criminal record in their current county of residence.
Upon a conviction with a sex crime, offenders are required by law to register with the sex offender’s registry on a national and state level. The sex offender registry check checks across all states nationally to report if a candidate is a registered sex offender.
Colorado applies a seven-year rule in regards to background checks. This is in line with the Fair Credit Reporting Act, which states that background check reports cannot include arrests that are more than seven years old which did not result in a conviction. However, this rule has some exemptions, which include:
If you have a criminal record, you need to know that it’s possible to have your criminal record removed from public access. However, this can be a complicated process that calls for working with a skilled criminal defense lawyer in Denver to either:
The process of having your records sealed or expunged in Colorado is a long one and can take between three to six months to have the courts accept or reject your request.
If you’re struggling with finding employment or housing due to criminal background check results, reach out to the Law Offices of Steven J. Pisani, LLC. With over a decade of experience helping good people through tough times, our firm can help you manage your criminal records and move forward in your life. Give us a call at 303-635-6768 or contact us online to schedule a free consultation today.