Legally Reviewed by Shazam Kianpour on September 2, 2026
If you are thinking about volunteering to be a troop leader, a coach, or a mentor this fall, do not be surprised that the application requires a criminal background check. To identify potential volunteers with a history of child abuse or sex offenses, organizations across Colorado and the nation that serve youth have been screening volunteers and employees for years, and the legal framework behind those checks has continued to expand.
How Background Screening for Youth Organizations Got Started
The federal framework behind these checks traces back to the National Child Protection Act of 1993, which authorized states to give schools, day care facilities, and other youth-serving organizations access to a nationwide fingerprint-based criminal background check system, according to the Library of Congress. The Volunteers for Children Act later amended that law to authorize youth-serving nonprofits directly to request nationwide background checks through an authorized state agency, and the National Child Safety Pilot Program, created under the PROTECT Act of 2003, gave organizations access to the FBI’s national fingerprint-based check system for screening volunteers placed with children.
A federal pilot program review found that roughly 6.1 percent of background checks run through the system identified individuals with criminal backgrounds that made them unfit to work with children, including convictions for sexual crimes against children, and that nearly 40 percent of those individuals had moved across state lines, according to federal oversight reporting. That cross-state pattern is exactly why a nationwide fingerprint system, rather than a state-by-state patchwork, mattered so much to the organizations pushing for it.
Why Congress Kept Revisiting This Issue
A separate push, the Child Protection Improvements Act, cleared the U.S. House of Representatives at one point to move on to the Senate, with supporters citing the effectiveness of the existing pilot program and proposing to remove state-level barriers such as limited access to FBI data and the cost burden on smaller nonprofits. That particular bill capped background check fees to nonprofits at $25 and gave the government a firm response deadline. While that specific version did not ultimately become federal law, the goals behind it, faster turnaround, lower cost for nonprofits, and broader nationwide access, have continued to be addressed through state-level programs built on the original National Child Protection Act framework.
What Due Process Protections Apply to the Person Being Screened
Equal employment opportunity and data privacy laws still apply to anyone being screened under these programs. The agency conducting a background check is generally required to notify a potential volunteer or employee identified as having a criminal history of concern, and that person can typically challenge the accuracy of the report or withdraw consent for it to be released to the requesting organization. These protections matter because a background check reflects an arrest or conviction record, not necessarily the full context of what happened, and older or inaccurate entries can unfairly follow someone for years.
How an Old Charge Can Resurface on a Background Check
Anyone who has faced a criminal charge, even one resolved years ago through a plea, dismissal, or deferred sentence, may still see it appear on a background check run through these systems. Understanding how a DUI arrest or conviction can factor into a later background check applies just as much to volunteer and employment screening as it does to other contexts, since the underlying record does not disappear on its own. Options like record sealing or expungement, where available under Colorado law, can sometimes limit what appears on these reports.
Talk to an Attorney if a Background Check Is Affecting You
If a past charge is showing up on background checks and affecting your ability to volunteer, coach, or work with a youth organization, it is worth finding out whether your record qualifies for sealing or another remedy under Colorado law. Contact our office to discuss your specific situation and the options that may be available to you.
Frequently Asked Questions About Background Checks and Criminal Records
Will an old criminal charge show up on a volunteer background check?
It can, depending on how the case was resolved and whether the record has since been sealed or expunged. Fingerprint-based background checks used by youth-serving organizations are designed to surface criminal history across state lines, so an old charge does not simply disappear over time.
Can I find out what shows up on my background check before I apply?
You generally have the right to request a copy of your own criminal history and to challenge inaccurate information before it affects a volunteer or employment decision. An attorney can help you understand what a specific charge or conviction is likely to show and whether it qualifies for sealing.
What is the difference between record sealing and expungement in Colorado?
Sealing a record means it still exists but is hidden from public view and most background checks, while expungement is a more limited remedy generally reserved for specific case types. Which option, if any, applies depends on the type of charge and how the case was resolved.
Can a youth organization deny a volunteer application based on a check?
Yes, but the organization is generally required to notify the applicant if the check surfaced a criminal history of concern, and the applicant typically has an opportunity to respond or challenge the accuracy of the report before a final decision is made.
About the Attorney
Founding Attorney, Shazam Kianpour & Associates, P.C.
Shazam Kianpour helps clients throughout the Denver area understand how past criminal charges affect background checks and whether record sealing or other remedies are available under Colorado law.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.