§ 12-135-502 — Criminal history record checks - definition

Colorado § 12-135-502

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Mortuary Science Code

Text

(1) An applicant for
a license issued pursuant to this part 5 shall submit to a fingerprint-based criminal
history record check. The applicant must pay the costs associated with the
fingerprint-based criminal history record check.

(2) After submitting an application for a license, the applicant shall have the
applicant's fingerprints taken by a local law enforcement agency or a third party
approved by the Colorado bureau of investigation for the purpose of obtaining a
fingerprint-based criminal history record check. The applicant must authorize the
entity taking the applicant's fingerprints to submit, and the entity shall submit, the
complete set of the applicant's fingerprints to the Colorado bureau of investigation
for the purpose of conducting a fingerprint-based criminal history record check.

(3) If an approved third party takes the person's fingerprints, the fingerprints
may be electronically captured using Colorado bureau of investigation-approved
livescan equipment. A third-party vendor shall not keep the applicant's information
for more than thirty days.

(4) The Colorado bureau of investigation shall use the applicant's
fingerprints to conduct a criminal history record check using the bureau's records.
The Colorado bureau of investigation shall also forward the fingerprints to the
federal bureau of investigation for the purpose of conducting a fingerprint-based
criminal history record check. The Colorado bureau of investigation, the applicant,
the director, and the entity taking fingerprints shall comply with the federal bureau
of investigation's requirements to conduct a criminal history record check.

(5) The Colorado bureau of investigation shall return the results of its
fingerprint-based criminal history record check to the director, and the director is
authorized to receive the results of the federal bureau of investigation's criminal
history record check. The director shall use the information resulting from the
criminal history record checks to investigate and determine whether an applicant is
qualified to hold a license pursuant to this part 5.

(6) (a) When the federal bureau of investigation is unable to complete a
fingerprint-based criminal history record check of an applicant, the Colorado
bureau of investigation shall inform the director, and the director may conduct a
criminal history record check of the person using the Colorado bureau of
investigation's records as a substitute for the fingerprint-based criminal history
record check required in this section.

(b) When the results of a criminal history record check of an applicant
performed pursuant to this section reveal a record of arrest without a disposition,
the director shall require the applicant to submit to a name-based judicial record
check, as defined in section 22-2-119.3 (6)(d).

(7) As used in this section, director means the director of the division or the
director's designee. The director's designee must be an employee of the division.

Legislative History

Source: L. 2024: Entire part added with relocations, (SB 24-173), ch. 240, p. 1573, � 2, effective May 24. L. 2025: (7) added, (SB 25-146), ch. 342, p. 1853, � 3, effective June 2.