Chapter 27 - § 27.5 • COLLATERAL CONSEQUENCES OF CRIMINAL CHARGES AND|OR CONVICTIONS

• Jurisdiction: Colorado

§ 27.5 • COLLATERAL CONSEQUENCES OF CRIMINAL CHARGES AND/OR CONVICTIONS

§ 27.5.1—Employment

Collateral consequences of criminal charges or convictions can include loss of employment or employment opportunities. Convictions for felonies, crimes of moral turpitude, and offenses involving alcohol or drugs can result in prohibition from obtaining certain professional licenses and discipline by licensing boards pursuant to C.R.S. § 24-5-101. For example, when a person is convicted or pleads nolo contendere or receives a deferred sentence for either child abuse or sexual exploitation of a child, and the person is a current or former employee of a school district or holds a teaching certificate or letter of authorization, the court must report the fact of the conviction or plea to the Department of Education. C.R.S. § 13-1-130.

By statute, many professions and occupations have regulations making certain criminal convictions grounds for professional discipline, including revocation or suspension of any license. Sanctions for criminal convictions may be limited to felonies; however, some professions include crimes involving moral turpitude or misdemeanors that are related to the particular profession. For example, attorneys in Colorado must self-report any misdemeanor, including DUIs, and may be sanctioned by the Colorado Supreme Court for such a conviction. Other professions and occupations for which a criminal conviction may be grounds for discipline include accountants, physicians, nurses, mental health professionals, and teachers. See Title 12, C.R.S.

§ 27.5.2—Adoption

C.R.S. §§ 19-5-208(5) and -210(4) requires that any petition for adoption must contain a statement informing the court if the prospective parent has been convicted of certain felonies or misdemeanors. C.R.S. § 19-5-210(4) prohibits any person convicted of certain felony offenses from adopting a child; these offenses include child abuse or neglect; spousal abuse; any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, excluding other physical assault or battery. For stepparent, kinship, or custodial adoptions, in addition to the above-listed crimes, the applicant must also include in the petition convictions for any crime for which the underlying factual basis is domestic violence, violation of a protection order, or felony assault or battery. Additionally, the court shall not approve any adoption if the prospective adoptive parent was convicted of a felony...