Variances

Rule Variances:

The Board, via the P.O.S.T. Director, may grant a variance to any P.O.S.T. Rule. The most common requests are regarding extensions of certification, eligibility requirements for Provisional Certification, and criminal history waivers. Each request is considered individually on a case by case basis. To submit a request, please see below.

Although the length of the review process varies, it generally takes at least one month.

NOTE: When requesting a variance, all documentation must be submitted at one time in a single PDF. We do not accept individually submitted elements, and will not review incomplete submissions. Please review the documentation that will be required for each type of Variance, and contact P.O.S.T. if you have any questions.

Extension of Certification Procedure:

If requesting an extension of certification, please be sure to begin the process prior to the certification expiration date.

To request a variance, provide a detailed written letter explaining your circumstances and why an extension is in the best interest of the community along with the following:

  1. Certification history (dates and verification/documentation).
  2. Full employment history & resume.
  3. Name and contact information for department(s) you are in consideration for hiring, if applicable.
  4. All other documentation that would support your request.

Waiver of Eligibility Requirements:

If an applicant does not meet all criteria for Provisional, Basic, or Reserve certification, a variance can be requested.

For provisional extensions, a provisional application in its entirety should be submitted along with a detailed written explanation of the request. For more information, please see the Provisional Certification page.

To request a variance, provide a detailed written letter explaining your circumstances and why an extension is in the best interest of the community along with the following:

  1. Certification history (dates and verification/documentation).
  2. Full employment history & resume.
  3. Name and contact information for department(s) you are in consideration for hiring, if applicable.
  4. All other documentation that would support your request.

Criminal History (Rule 8):

Your criminal record will be verified using a fingerprint background check to confirm that a variance is required.  Please note: If you were convicted as an adult of certain misdemeanors, regardless of whether the case was deferred and dismissed, granted pretrial diversion, or similar, you will need to request a variance before you will be permitted to attend the academy.

If you were granted a deferred sentence for a felony as an adult, you are permitted to submit a variance request. If you were convicted at trial or pled guilty to a felony as an adult, a variance request will not be considered. Please contact the P.O.S.T. Compliance Investigator at: complianceinvestigations@coag.gov for more information.

Once you submit your fingerprints, please notify the Compliance Investigator. If you do not advise P.O.S.T. that you have submitted your fingerprints, we will not check for the returns. Once results are returned, we will notify you if a variance is required.

For more information about submitting fingerprints, please visit POST Fingerprint Process

To request a Rule 8 variance, the applicant must submit a written petition to the P.O.S.T. Director. This petition describes the conviction and requests that the Director exempt the applicant from denial of certification. 

Director Erik Bourgerie
Colorado Department of Law
Criminal Justice Section – Colorado POST
1300 Broadway 9th Floor
Denver CO  80203

  1. The letter must fully explain all relevant facts and establish that mitigating circumstances exist to warrant an exemption.
  2. The letter must explain why the variance would be in the best interest of the community.
  3. Include the original police report with the narrative attached and relevant court records.
    1. The police report is the full narrative written by the investigating officer. A summons or probable cause affidavit is not sufficient.
    2. Court Records must show the activity on the case, including the sentence and final disposition. 
  4. Provide Letters of Recommendation from prominent members of the community who can speak to your character.

Please submit all documents to the P.O.S.T. Compliance Investigator via certification@coag.gov
For general inquiries regarding Rule 8 Variances or criminal history, please contact Compliance Investigator Steven Eckelberry, at steven.eckelberry@coag.gov

NOTE: Though you may be certified if your variance is granted, please be aware that each agency has its own requirements/prohibitions that may disqualify you from employment at that specific agency.

Removal from Statutory Database

Peace Officers who have inaccurate or outdated entries in the P.O.S.T. Statutory Database are asked to submit a variance request for removal. This is the process that should be followed to remove or correct a P.O.S.T. Action, Credibility Disclosure or other any other type of entry. Please contact the POST Compliance Investigator before following this process, as some minor corrections to the database may be made with a brief explanation of the circumstances in lieu of a full variance request. 

  1. Letter of explanation addressed to the P.O.S.T. Director.
  2. Declination letter or letter verifying exoneration which would. support a record removal from the database.
  3. All other relevant documentation.

Other

This process should be followed to seek exemption to any other P.O.S.T. Rule. 

  1. Letter of explanation addressed to the P.O.S.T. Director.
  2. All relevant documentation.