Facing the job market with a misdemeanor on your record can be intimidating as many employers run background checks before hiring, and you may wonder whether your past will affect your chances. Fortunately, a misdemeanor doesn’t automatically disqualify you from employment in Colorado, though various factors play a significant role. At McAdams Law Office, we understand how essential it is to safeguard your future, especially when you’re worried about how a criminal record might impact your job prospects.
In this blog, we’ll answer the critical questions: Will a misdemeanor affect employment in Colorado? And, more importantly, what can be done to improve your chances of finding a job with a record?
A misdemeanor can affect your employment opportunities, but the extent of its impact depends on various factors. The state’s law does not automatically disqualify individuals with an offense from getting a job, but some employers may be cautious about hiring someone with a criminal history. In industries requiring a high level of trust—such as healthcare, education, or law enforcement—background checks are often more stringent, and employers may reject candidates with certain misdemeanors.
Colorado’s Ban the Box law prevents companies from asking about criminal records on initial job applications. However, they can inquire about your background during the interview process or after making a conditional offer. Moreover, specific laws prohibit individuals with certain misdemeanors from holding specific jobs, such as those involving firearms or law enforcement. For instance, individuals with particular offense convictions may be barred from purchasing or possessing firearms.
Yes, an employer can reject you, especially if it’s relevant to the job you’re applying for. They are allowed to consider your criminal record when making hiring decisions, but they must do so within certain limits. Under Colorado law, some positions—such as police officers or teachers—may have stricter rules about hiring people with criminal backgrounds. For example, misdemeanors involving moral turpitude, such as theft or fraud, might disqualify you from working in a position requiring high trust or responsibility.
Still, for many private-sector jobs, whether a misdemeanor will lead to a rejection depends on the nature of the offense, the time that has passed since it occurred, and how relevant it is to the job.
No, refusing to hire someone based on a misdemeanor is generally not considered employment discrimination under the state’s law as long as the company follows legal guidelines. Discrimination typically refers to unfair treatment based on protected characteristics like race, gender, age, or disability. Criminal history is not a protected category, meaning employers can legally consider your record when hiring.
Nonetheless, the law does set some boundaries on how employers can use criminal backgrounds. For example, the Ban the Box law and other regulations prevent them from considering certain old or irrelevant misdemeanors.
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It will remain on your background indefinitely unless you take legal action to have it sealed or expunged. This means that unless you pursue record sealing, any potential employer who runs a background check can see your offense conviction. In most cases, misdemeanors remain on your record permanently unless they are sealed. This is why exploring options to clear your record is crucial if it’s impacting your job search.
Some of these charges, especially those related to minor offenses, may be eligible for sealing after a specific period of time has passed, usually after you’ve completed your sentence or probation. The eligibility and timeline depend on the nature of the offense and the case’s resolution. Since this process can be legally intricate, seeking legal counsel is highly recommended if you are considering pursuing it.
Expunging or sealing your record can significantly improve your employment prospects by preventing companies from seeing your misdemeanor. While not all charges are eligible for expungement or sealing, Colorado law allows specific offenses to be hidden from public view after a waiting period, especially if you have demonstrated exemplary behavior and completed your sentence.
Sealing your record can help in situations where a background check might otherwise disqualify you from employment. Once it is sealed, you are legally allowed to say that you do not have a criminal history when applying for jobs. This can be a powerful tool in improving your chances of securing employment and moving forward with your life.
If you’re considering taking these actions, it’s best to consult with a lawyer to verify that you’re eligible and to guide you through the process. The Colorado Bureau of Investigation (CBI) provides detailed information on who qualifies for sealing under state law.
Don’t let a misdemeanor derail your career. Contact McAdams Law Office today for a free consultation and learn how our experienced attorneys can help you overcome employment barriers and secure your dream job.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.