Variances

Rule Variances:

The Board, via the POST Director, may grant a variance to any POST Rule. The most common requests are regarding extensions of certification, both provisional and basic, criteria for Provisional Certification and waivers of criminal history. 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.

Provisional CertificationIf an applicant does not meet all criteria for Provisional Certification a variance can be requested. The provisional application in its entirety should be submitted along with a detailed written explanation of the request. 

Rule 7 or Extension of Certification Procedure:

Rule 7 variances are for any POST rule other than waivers of criminal history.  If requesting an extension of certification, please be sure to begin this process prior to the certification expiration date.

To request a Rule 7 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. Employment history
  3. Name and contact information for department(s) you are in consideration for hiring.  

Waiver of 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 it was deferred and dismissed, 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 POST Compliance Investigator at: steven.eckelberry@coag.gov

Once you submit your fingerprints, please notify POST.  Please note: If you do not advise POST that you have submitted your fingerprints, we will not check for them. Once results are returned, we will notify you if a variance is required.

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

Rule 8 Variance Procedure:

To request a Rule 8 variance, the applicant must submit a written petition to the POST 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 POST 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.