Law Enforcement Background Check Employment Waiver

Each law enforcement agency in the state that interviews a candidate for a peace officer position who has worked at another law enforcement agency or government agency shall require the candidate to execute a waiver. The waiver will allow the candidate's previous law enforcement agency or government agency employers to disclose all the applicant's performance and conduct related files, including internal affairs files, to the interviewing agency and releases the interviewing agency and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the interviewing agency to review the files at the law enforcement agency's office or governmental agency's office. The interviewing agency must submit the waiver to each law enforcement agency or private security company at least 21 days before making a hiring decision. A state or local law enforcement agency or governmental agency that receives a waiver shall provide the disclosure to the Colorado law enforcement agency that is interviewing the candidate not more than 21 days after such receipt. The act exempts a state or local law enforcement agency from the disclosure requirement if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016.

The act requires the P.O.S.T. board to deny certification to a person who entered into a deferred judgment, deferred prosecution, diversion agreement, or deferred adjudication for a felony conviction and certain misdemeanors if it determines certification is not in the public interest.

(Note: This summary applies to this bill as enacted.)