July 23, 2024
A new Colorado law that reduces barriers for those with nonviolent criminal records may take effect soon. The law is House Bill 1004 (HB 1004), sponsored by state representatives Jennifer Bacon and Shannon Bird.
Through HB 1004, they intend to expand the measures made by Colorado’s 2019 “ban-the-box” law. Ban-the-box laws prevent employers from including questions related to criminal history on an initial employment application. Many worry that such questions can discourage qualified individuals from applying for positions.
Others have pointed out how employers could use knowledge of these records to dismiss individuals immediately. As such, HB 1004 would address how criminal history impacts an individual’s ability to acquire professional licenses. This state law could see increased available talent in the 50 professional fields affected by the Act.
HB 1004 will take effect on August 7, 2024, and will bar state licensing boards from considering certain prior criminal records. Boards must also ensure that the criminal records directly correlate to the individual’s desired profession. For example, a regulatory authority responsible for licensing individuals cannot consider criminal convictions beyond three years. This timeline starts from either the conviction date or the sentence’s completion.
Regulatory authorities may consider prior convictions within these years that directly relate to the profession. This step applies when an individual applies for registration, certification, or licensure. However, the regulator can deny an application under specific guidelines.
For example, they can dismiss an applicant after determining that the individual has not fully rehabilitated. They may also deny applications for those deemed “unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety.” Regardless of the reason, HB 1004 emphasized that regulators cannot use an applicant’s conviction record as the disqualifying factor.
According to HB 1004, individuals may petition a regulator. This petition allows them to request a determination about whether a criminal conviction would preclude an application before meeting the other requirements for registration, certification, or licensure. HB 1004 includes a process for regulators who determine a conviction would likely deny the application. In such cases, they must advise the individual on steps to eliminate the disqualification.
These changes will go into effect on August 7, 2024, potentially expanding the labor pool for employers in many fields. HB 1004 introduces a significant rollback for a state that administers over 50 regulatory programs for professions, occupations, and businesses. According to the Colorado Department of Regulatory Agencies, this change would affect 886,000 licensees and about 65,000 businesses and institutions. That equates to roughly one-quarter of the state’s labor force.