Disqualifying Incidents

Actions that May Impact Certification Eligibility

  • Disqualifying Criminal History (24-31-305 (2) (a), C.R.S.)
  • Untruthfulness Notification (24-31-305 (2.5), C.R.S.)
  • Unlawful Use of Physical Force, or Failure to Intervene (24-31-904 (1) (a), C.R.S.)
  • Unlawful Use of Body Worn / Dash Camera (24-31-902 (1) (a) (IV) (B), C.R.S.)
  • Use or Direction or Administration of Ketamine (18-8-805 (2) (a), C.R.S.)
  • Failure to Complete Rule-28 Required Training (24-31-303 (1) (r), C.R.S)
  • Provide Inaccurate Data for Statutory Database

Please note: All disqualifying incidents must be reported by the Agency Executive on an official POST Form. Members of the public who have complaints about a Peace Officer's performance must submit a formal complaint to the employing law enforcement agency.

Need Help?

For help with certification eligibility, disqualifying incidents, or reporting requirements, contact the POST Compliance Investigator at:

postinvestigations@coag.gov

Disqualifying Incidents

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Criminal History (24-31-305 (2) (a), C.R.S.)
Background

Per § 24-31-305 C.R.S, P.O.S.T. is responsible for revoking the certification of a peace officer convicted of a felony at any time, or certain misdemeanors committed on or after July 1, 2001. Below, you will find the list of misdemeanors that affect peace officer Certification in Colorado.

Per Colorado Revised Statutes, a conviction for P.O.S.T. certification purposes includes:

  • Deferred judgments and sentencing agreements
  • Deferred prosecution agreements
  • Pretrial diversion agreements

An individual convicted of a felony is ineligible for P.O.S.T. certification in Colorado and cannot request a variance.

As a licensing entity, POST considers ALL records available, whether sealed or otherwise.

 

Misdemeanors Which Affect Certification

An individual may request a variance to allow certification under P.O.S.T. Rule 8. More information on Variances can be found here.

C.R.S. Common Name C.R.S. Common Name
18-3-204 Assault in the third degree 18-8-204.2 Possession of contraband in the second degree
18-3-402 Sexual Assault 18-8-208 Escapes
18-3-404 Unlawful sexual contact 18-8-208.1 Attempt to escape
18-3-405.5 Sexual assault on a client by a psychotherapist 18-8-212 Violation of bail bond conditions
18-3-412.5 Failure to register as a sex offender 18-8-304 Soliciting unlawful compensation
18-6-403(3)(b.5) Sexual exploitation of a child (as it existed prior to July 1, 2006) 18-8-305 Trading in public office
18-7-201 Prostitution prohibited 18-8-308 Failing to disclose a conflict of interest
18-7-202 Soliciting for prostitution 18-8-403 Official oppression
18-7-203 Pandering 18-8-404 First degree official misconduct
18-7-204 Keeping a place of prostitution 18-8-503 Perjury in the second degree
18-7-302 Indecent exposure 18-8-611 Simulating legal process
18-7-601 Dispensing violent films to minors 18-8-612 Failure to obey a juror summons
18-8-102 Obstructing government operations 18-8-613 Willful misrepresentation of material fact on juror questionnaire
18-8-103 Resisting arrest 18-8-614 Willful harassment of juror by employer
18-8-104 Obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer 18-8-802 Duty to report use of force by peace officers
18-8-108 Compounding 18-9-111 Harassment
18-8-109 Concealing death 18-9-121 Bias-motivated crimes
18-8-111 False reporting to authorities 18-18-404 Unlawful use of a controlled substance
18-8-113 Impersonating a public servant 18-18-405 Unlawful distribution, manufacturing, dispensing, or sale
18-8-114 Abuse of public records 18-18-406 Offenses relating to marijuana and marijuana concentrate
18-8-117 Unlawful sale of publicly provided services or appointments 18-18-411 Keeping, maintaining, controlling, renting, or making available property for unlawful distribution or manufacture of controlled substances
18-8-201 Aiding escape

Revised 9/25/17 PDF Version

 

Untruthfulness (24-31-305 (2.5), C.R.S.)
Background

During the 2019 legislative session, Senate Bill 19-166 was passed, expanding the P.O.S.T. Board's jurisdiction to revoke certification for official findings of untruthfulness.

At first glance, the topic of untruthfulness may sound like a Brady[1] matter. While there may be some overlap, there are specific requirements for a Notification of Finding of Untruthfulness.

Elements

Effective August 2, 2019, the Colorado P.O.S.T. Board shall revoke certification when the certificate holder has knowingly made an untruthful statement concerning a material fact or omitted a material fact:

  • On an official criminal justice record, or
  • While testifying under oath, or
  • During an internal affairs (I.A.) investigation, or
  • During an administrative investigation and/or disciplinary process

The law enforcement agency that employs or employed[3]the certificate holder shall notify P.O.S.T. after the following has occurred:

  • Completion of an administrative process, as defined by a published policy in effect at the time of the untruthful statement concerning a material fact or omission of a material fact.
  • Determined, by a clear and convincing standard of the evidence through an administrative investigation or disciplinary process that the certificate holder knowingly made an untruthful statement concerning the material fact or knowingly omitted a material fact.
  • The certificate holder has elected not to exercise his or her rights to a disciplinary process or has exhausted the internal disciplinary appeal rights provided by their employer.
Footnotes

After P.O.S.T. receives the signed and notarized Form 13, the certificate holder will be notified. If the certificate holder requests a hearing, POST will reach out to the law enforcement agency that conducted the internal affairs investigation for the supporting documentation. Materials provided to POST for this purpose are not subject to release by the P.O.S.T. Board and remain the property of the law enforcement agency

Please refer to the Decertification for Untruthfulness FAQ page for more information, and contact the POST Investigator if you have further questions.

[1] Brady Disclosure - exculpatory or impeaching information and evidence material to guilty or innocence or punishment of defendant. (1963 Brady v. Maryland) Law enforcement has affirmative duty to report any information impacting credibility.

[2] Administrative Investigation and Disciplinary Process means an employer's formal process of internal control that assures that an allegation of violation of employer rules, policy, procedure, or other misconduct or improper actions by an employee are subject to a complete and objective investigation resulting in findings of fact and disciplinary action for any substantiated violation.

[3] The LEA employing or the last LEA to employ the accused peace officer, unless accused peace officer has not been employed by the LEA for at least six months preceding the date of notification of allegation, in which case LEA may investigate allegation.

 

Unlawful Use of Physical Force or Failure to Intervene (24-31-904 (1) (a), C.R.S.)
Background

House Bill 21-1250 was signed into law on July 6, 2021, and amended some of the provisions originally included in Senate Bill 20-217. P.O.S.T. has the statutory responsibility to revoke or suspend peace officer certification if the peace officer is convicted of a crime involving, is found civilly liable for, or fails to intervene in the unlawful use of physical force. Per statute, this disqualifying incident may result in Revocation or Suspension of peace officer certification depending on the facts of the case. A helpful table is included below to understand more about the required elements for a Revocation vs. Suspension.

Elements

Pursuant to § 24-31-904(1)(a), C.R.S., POST shall revoke or suspend peace officer certification if:

  • The peace officer has been convicted of or pleads guilty or nolo contendre to a crime involving the unlawful use of physical force OR a crime involving the failure to intervene in the use of unlawful physical force, OR,
  • The peace officer has been found civilly liable for the use of unlawful physical force, or is found civilly liable for failure to intervene in the use of unlawful force, OR,
  • An administrative law judge, hearing officer, or internal investigation finds that a peace officer used unlawful physical force, failed to intervene, or violated section §18-1-707, C.R.S.
Finding of Civil Liability

On December 3, 2021, the POST Board approved a change to POST Rule 1 to add a definition of “Found Civilly Liable”. This rule change went into effect on January 30, 2022, and added the following definition:

“Found Civilly Liable” as used in §24-31-904, C.R.S. means, a final judgment of civil liability is entered against a certificate holder, or a judge or jury makes a finding of fact that the certificate holder is civilly liable, in a court of competent jurisdiction, for an event occurring after July 6, 2021
 

Matrix
Revocation of Certification if: Suspension of Certification (not less than one year) if:
Conviction of a Crime, or  
Found Civilly Liable, or Found Civilly Liable, or
Failure to Intervene Failure to Intervene
Involving Unlawful Use of Force, Resulting in SBI or Death Involving Unlawful Use of Force, but NOT resulting in SBI or Death


After P.O.S.T. receives the signed and notarized Form 13B, the certificate holder will be notified. If the certificate holder requests a hearing, POST will reach out to the law enforcement agency that conducted the internal affairs investigation for the supporting documentation. Materials provided to POST for this purpose are not subject to release by the P.O.S.T. Board and remain the property of the law enforcement agency
Body Worn / Dash Cameras - Intentional Acts (24-31-902 (1) (a) (IV) (B), C.R.S.)
Background

House Bill 21-1250 was signed into law on July 6, 2021, and amended some of the provisions originally included in Senate Bill 20-217. P.O.S.T. shall revoke or suspend peace officer certification if a peace officer intentionally fails to activate their Body Worn Camera or Dash Camera with intent to conceal unlawful or inappropriate actions. This legislation has specific requirements depending on whether or not the incident resulted in SBI or Death.

Matrix
Revocation of Certification if: Suspension of Certification (not less than one year) if:
Intentionally failed to activate Body / Dash Camera,
with Intent to conceal unlawful or inappropriate actions
Involving Unlawful Use of Force, Resulting in SBI or Death Any incident, NOT resulting in SBI or Death


After P.O.S.T. receives the signed and notarized Form 13C, the certificate holder will be notified. If the certificate holder requests a hearing, POST will reach out to the law enforcement agency that conducted the internal affairs investigation for the supporting documentation. Materials provided to POST for this purpose are not subject to release by the P.O.S.T. Board and remain the property of the law enforcement agency
Use or Direction or Administration of Ketamine (18-8-805 (2) (a), C.R.S.)
Background

House Bill 21-1251 was signed into law on July 6, 2021. This bill created a new disqualifying incident for peace officers who influence Emergency Medical Service Personnel to administer Ketamine.

Process

If an EMS provider is influenced in this manner, that provider shall report the incident to P.O.S.T. within ten days using this form on the Colorado Attorney General's web site.

Upon receipt of the notification, P.O.S.T. shall notify the involved law enforcement agency, which shall conduct an internal affairs investigation. Pursuant to a finding in the internal affairs investigation, the P.O.S.T. Board may:

  • Revoke Peace Officer Certification for incidents involving death
  • Suspend Peace Officer Certification for incidents involving SBI or failure to intervene

 

Failure to Complete Rule-28 Training Requirements (24-31-303 (1) (r), C.R.S)

All Peace Officers must complete 24-hours of required training per year under Rule 28, with 12 of those hours being perishable skills training with at least 1 hour in each of the required POST Skills (Driving, Firearms, Arrest Control). 

If a peace officer is non-compliant, a notice will be issued to the individual. The peace officer will have 30-days to complete the required training. If they do not, their certification will be suspended until they are compliant again.

If training is not satisfactorily completed three times in a consecutive ten year period, the incident will be published in the P.O.S.T. Statutory Database.

Frequently Asked Questions

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Criminal History
Are juvenile convictions considered?

No. A case tried and adjudicated in juvenile court does not affect certification eligibility. It does not matter if the conviction was for a felony or misdemeanor crime. The best way to tell if a juvenile case affects certification eligibility is to check the case number. Cases that contain a JD case number do not affect certification.

Are sealed records considered?

Yes, as a licensing authority, Colorado P.O.S.T. considers all records available, including sealed records. 

I might not be eligible for certification without a variance. Is there a way to be sure?

Yes. The POST Compliance Investigator can assist with certification eligibility issues, and with filing a Rule 8 Variance if necessary.  Please reach out to postinvestigations@coag.gov with all the information you have about your convictions, including statute and case numbers. You will be asked to follow the Rule 8 Variance procedure if your convictions are disqualifying.
 

If you anticipate that you may have disqualifying criminal history, you must contact POST prior to attending a basic academy.

If I don't have any criminal history that disqualifies me, does that mean I passed the background check?

No. POST conducts a 50-state criminal history check and only checks for disqualifying offenses. Each law enforcement agency conducts their own in-depth background investigations that are more complete. Each agency sets their own hiring standards that are more restrictive than POST.

 Untruthfulness
My agency is concerned about providing Internal Affairs or other Investigation-related materials. Are those subject to release?

Per §24-31-305(2.5)(a)(III)(d), C.R.S., all materials related to the internal affairs investigation remain the property of the law enforcement agency. These materials are not subject to release by POST, except that they may be provided to the certificate holder’s legal counsel as part of the discovery process.

Unlawful Use of Physical Force
A peace officer was found or pled guilty to a crime involving the unlawful use of force. How do I report this to POST?

In a circumstance where a peace officer is convicted of a crime, agencies should use the Disqualifying Incident Notification Form to report it.

What constitutes a Finding of Civil Liability?

Per POST Rule 1, effective January 30, 2022, “Found Civilly Liable” as used in §24-31-904, C.R.S. means, a final judgment of civil liability is entered against a certificate holder, or a judge or jury makes a finding of fact that the certificate holder is civilly liable, in a court of competent jurisdiction, for an event occurring after July 6, 2021. 

Does a Finding of Civil Liability apply if the incident in question occurred prior to July 6, 2021?

For a Finding of Civil Liability to affect peace officer certification, the incident and finding must have occurred after July 6, 2021.

 

 

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Disqualifying Incident Forms

Click on a form number to go directly to that form. For a complete list of P.O.S.T. forms, please click here.

Form Used for…
13 Finding of Untruthfulness
13B Unlawful Use of Physical Force OR Failure to Intervene
13C Unlawful Use of Body-Worn or Dash Camera
13D Criminal Investigation or Charges by Investigating Agency

 

Please submit disqualifying incident forms to post@coag.gov ATTN: POST Compliance Investigator.
Forms should not be considered submitted until you receive confirmation they have been received.

POST Statutory Database

Incidents that are reported to P.O.S.T. are reviewed to ensure that they meet the statutory requirements prior to revocation action. When the members of the P.O.S.T. Board have voted to revoke or suspend peace officer certification, the "certification action" is added to the P.O.S.T. Statutory Database.

The Statutory Database is public-facing and provides the public with a way to verify peace officer certification status and view any Actions (or disqualifying incidents) that involve a particular peace officer.

Click Here to access the P.O.S.T. Statutory Database.