Overview
On June 4, 2024, Governor Polis signed HB24-1004, Ex-Offenders Practice in Regulated Occupations, into law. Under this bill, if an applicant for a registration, certification, or license has a conviction for a crime, a regulator may only consider the applicant’s conviction for a three-year period beginning on the date of conviction or the end of incarceration, if the applicant has not been convicted of any other criminal offense during the three-year period. After the three year period, the regulator shall only consider the individual’s application for registration, certification, or licensure in the same manner as an applicant who does not possess a prior criminal record, unless the crime is directly related to profession. Additionally, an individual whose conviction may affect their application may petition to the regulator as to whether their criminal record may be considered in the application review process. If a regulator is considering an applicant’s criminal record during the application process for registration, certification, or licensure, the regulator may only deny the application if the applicant has not been rehabilitated or is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety.
The Division of Professions and Occupations (DPO) regulates about 55 different professions that includes licensure, certification and registration and typically do NOT automatically deny an applicant based on their criminal history. However, some crimes may result in DPO denying a license or considering a conditional license. DPO must carefully review crimes that may "substantially" relate to an individual's ability to safely or competently practice their profession. For example, convictions for theft and fraud have relevance for licensees with access to money, such as CPAs. This is in keeping with one of DPO’s main goals when issuing licenses: protecting the consumers in the state of Colorado.
Petition for Criminal History Determination
This petition is for non-licensed use ONLY. If you are needing a criminal history determination for multiple professions, you will need to complete a separate petition for each. DO NOT use Petition for Criminal History Determination when applying or renewing a license. Please refer to the following links:
Some licensing laws may prohibit certain criminal violations from consideration for licensure. You may submit this petition at any time BEFORE applying for a license (even before completing any training or education for the license).
Only the criminal incidents that you include in the application will be considered. Any omissions, either intentional or unintentional, may invalidate a determination. It is important to disclose all charges. DPO receives information not released for non-government background checks. For example, a charge dismissed after successful completion of a plea in abeyance may not appear on most background checks, but it is released to DPO. Passing previous background checks does not mean your background is clear.
Petition Checklist
This checklist is for your convenience; you do not need to include it with your application. Your application is classified as a public record and may be available for inspection by the public, except with regard to the release of information which is sub-classified as controlled, private, or protected under the Government Records Access and Management Act or restricted by other law.
These are, at a minimum, the items that must be submitted as a part of petitions to comply with 1004:
Criminal Record and authorization to obtain criminal record
Attached copy of criminal history (CBI report and/or individual jurisdiction records)
Authorization for the Division to obtain information from Colorado Courts and Denver County Courts.
Attachments must include:
Personal Narrative about the incident: Describe the incident, and explain any changes you have made in your life since the incident that may assist the Division in understanding your rehabilitation efforts. The narrative must be in your own words. However, you may attach any additional documents and information that you want the Division to review, such as: completion of or active participation in rehabilitative drug or alcohol treatment completion of sentences, time elapsed since the offense with no new relevant criminal history testimonials and letters of recommendation from other individuals, such as a progress report from your probation or parole officer, or letters from your employers or teachers completion of education and training, education/training achievements favorable/steady employment history any other information that would favor granting you a license. This must include the time since the offense was committed and sentence was completed and age of at the time of offense.
Payment of Fines or Restitution: Proof of payment of any fines or restitution required by the courts.
Evidence of Rehabilitation: If you were ordered to complete “court monitored probation”, include documents proving your completion. If you are unable to obtain any of the records, you must submit documentation on official letterhead from the police or court indicating that the information is not available. Also include completion of court ordered competency requirements such as drug and alcohol classes, or any other court mandated classes or programs that were completed.
Testimonials: Letters or other testimonials from employers, therapists, counselors, family, probation officers, etc.regarding the petitioners compliance with requirements and work towards rehabilitation.
Employment History: Resume or CV, or other documentation outlining employment history.
Employment Aspirations: Narrative regarding what the petitioner is planning to do for their upcoming employment, education and/or training as well as their plan to complete the aspirations.
The Division's determination is based solely on the information you provide with your petition. Any misrepresentations, or intentional or unintentional omissions, may invalidate your determination. Submit the above items with your completed Pre Licensure Criminal History Determination Petition to:
DORA DPO EMAIL ADDRESS TO SUBMIT INFO : DORA_DPO_Programs@state.co.us
Review and Decision
Upon receiving a complete Petition for Criminal History Determination, DPO will review all of the information submitted for the profession you requested.
DPO may also ask for additional information and may require you to come before the licensing board for an interview.
Within 30 days of the day the Division receives your petition, the submitted information will be reviewed for completeness. Once it is determined to be complete, your petition will be forwarded to the respective board or program for further review. Each board or program has established regular meetings and your petition will be reviewed during one of these pre-decided dates. Depending on the board or program it can take up to 90 days for further review. After the determination has been made, you will be notified in writing from our office. This written determination will notify you as to whether your criminal record would disqualify you from obtaining the license you identified, even if you were to complete all other licensing requirements. If your petition is incomplete, you will receive notice of the deficiencies that includes a deadline to reply. If you do not reply by the deadline, your petition may be denied (this means your petition may not be considered, and no determination will be made). If you choose to begin the process again, you will be required to submit a new petition with all required documents. There is no cost for the petition process.
Your Determination will be based on the statutory authority, administrative rules, and policies governing the identified license at the time of your application. Also, your determination will be based solely on the information that you provide with your application. Any intentional or unintentional misrepresentations or omissions may impact the determination.
If you later apply for a license, you will be subject to a new review of your criminal history. If you have received a favorable determination, DPO will stand by its favorable determination and it is likely that your criminal history will not prevent you from obtaining that license. Please note that licensing decisions may be impacted by a change in Colorado’s statutes, rules, or policies governing the license, or because of the discovery of additional information not previously known to DPO.