How A Criminal Background Check Affects You In Colorado

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.

What is a criminal background check?

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.

How long does a criminal background check take?

The amount of time required to complete a background check depends on several factors that include:

• The level of criminal background check, 
• The number of states the individual in question has lived or worked in, and 
• The number of requests made within an individual background check.

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.

Different types of criminal record checks

In Colorado, there are five primary levels of background checks that employers could be interested in when doing a background check.

1. National criminal 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.

2. Federal criminal court check

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.

3. State court checks

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.

4. County court checks

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. 

5. Sex offender registry check

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.

How far back does a background check go in Colorado?

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 the individual being considered for employment will be making an annual salary of $75,000 or more, or
• The potential employee is being considered for a sensitive position in the medical or educational field.

How to remove criminal records from a background check

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:

1. Seal your criminal record: Record sealing is the process of removing a person’s criminal record from public access. Upon sealing, a record can only be viewed through a court order.  
2. Expunge your criminal record: Expunging involves petitioning the courts to have the criminal records deleted.  For this reason, the conditions warranting expunging a criminal record is higher than that of sealing.

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.

Contact a Denver criminal defense lawyer to help with clearing your criminal records

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.

What to read next: Arrest Warrant vs. Bench Warrant vs. Search Warrant: What They Mean For Your Colorado Criminal Case