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What May Be Reported on a State Criminal History Search?

A Colorado State Criminal History Search may include information related to an individual's criminal record within the state of Colorado. This search typically provides details on various types of criminal offenses and related incidents, including but not limited to:

• Arrest Records: Information about arrests made in Colorado, including the date of arrest, charges filed, and law enforcement agency involved.
• Court Records: Details about court proceedings, including court dates, case numbers, and information about the charges filed against the individual.
• Convictions: Information about criminal convictions, including the type of offense, date of conviction, and sentencing details.
• Warrants: If there are any outstanding warrants for an individual's arrest in Colorado, this information may be included.
• Probation and Parole Records: Details about an individual's probation or parole status, including any violations or revocations.
• Sex Offender Registry: Information about individuals who are registered as sex offenders in Colorado.
• Juvenile Records: In some cases, juvenile criminal records may also be included, depending on the nature of the offense and the individual's age at the time of the incident.
• Dismissed or Expunged Records: In some instances, dismissed or expunged records may still be accessible in certain background checks, depending on the specific laws and regulations in Colorado.

It's important to note that the availability of information and the level of detail in a Colorado State Criminal History Search can vary depending on factors such as the type of search conducted, the purpose of the search, and applicable laws and regulations. Additionally, access to certain types of records may be restricted or sealed under certain circumstances, such as juvenile offenses or expunged records.

When conducting a criminal history search in Colorado, it's crucial to ensure compliance with state and federal laws, including the Fair Credit Reporting Act (FCRA) and other relevant regulations, to protect the rights and privacy of individuals being screened.

Background Data Restrictions and Regulations in Colorado

In Colorado, data privacy and protection are governed by the Colorado Privacy Act (CPA). The CPA was signed into law on July 7, 2021, and went into effect on July 1, 2023. It grants Colorado consumers new rights with respect to their personal data, including the right to access, delete, and correct their personal data. Consumers also have the right to opt out of the sale of their personal data or its use for targeted advertising or certain kinds of profiling.

The CPA places new obligations on covered entities to safeguard personal data. These include the requirement to give Coloradans meaningful information about the collection and use of their data, to conduct data protection assessments, and to obtain consent before processing certain sensitive personal data.

The CPA applies to any legal entity (including a nonprofit entity) that conducts business in Colorado or provides products or services in Colorado that are “intentionally targeted” to residents of Colorado. The entity must annually control or process personal data of at least 100,000 Colorado residents or derive revenue (or receive discounts) from selling personal data and process or control the personal data of 25,000 or more Colorado residents.

In addition to the CPA, Colorado has other data security laws. These laws require certain persons and entities that maintain personal identifying information (PII) in paper or electronic form to establish written policies governing the disposal of PII. Colorado law also requires certain persons and entities to take reasonable steps to protect PII.