Vermont Background Check Laws for Employers
Vermont gives employers clear rules for criminal, credit, driving and drug screening.
This guide explains each statute, the agency behind it and the lookback limits that shape every report.
In short, you will learn how to hire quickly and still stay compliant.
Vermont Background Check Laws at a Glance
Before you order a single report, review the core statutes below.
Each row names the law, what it controls and the office that enforces it.
| Topic | Statute or Rule | What It Requires | Who Administers It |
|---|---|---|---|
| Consumer reports | 9 V.S.A. §§ 2480a–2480g | Consent before pulling a credit report; consumer disclosure rights. | Vermont Attorney General, Consumer Protection |
| Ban the box | 21 V.S.A. § 495j | No criminal history questions on the initial application. | Vermont Attorney General, Civil Rights Unit |
| Credit history | 21 V.S.A. § 495i | Bans credit-based decisions unless an exemption applies. | Vermont Attorney General, Civil Rights Unit |
| Conviction records | 20 V.S.A. § 2056c | User agreement; $30 fee; employer pays, not the applicant. | Vermont Crime Information Center (VCIC) |
| Sealing and expungement | 13 V.S.A. §§ 7601–7611 | Sealed or expunged records read “no criminal record exists.” | Vermont Superior Court, Criminal Division |
| Driving records | DPPA, 18 U.S.C. § 2721 | Written consent or a CDL purpose to release personal data. | Vermont Department of Motor Vehicles |
| Drug testing | 21 V.S.A. §§ 511–520 | Test applicants only after a conditional offer and written notice. | Vermont Attorney General; Department of Health labs |
| Fair employment | 21 V.S.A. §§ 495, 495b | No discrimination on protected traits, including crime victim status. | Vermont Attorney General, Civil Rights Unit |
The Vermont FCRA and the Federal Fair Credit Reporting Act
Every Vermont employment screen starts with the federal Fair Credit Reporting Act rules that the FTC explains.
On top of that, Vermont adds its own consumer reporting law in Title 9.
Under 9 V.S.A. § 2480e, no one may obtain a consumer’s credit report without consent or a court order.
Meanwhile, 9 V.S.A. § 2480b requires credit bureaus to tell Vermonters about free reports and security freezes.
The Vermont Attorney General enforces these provisions through the state consumer protection statute.
Four FCRA Steps Every Vermont Employer Follows
- Disclose. Give a clear, stand-alone written disclosure that you may order a background report.
- Authorize. Obtain the applicant’s signed permission before BCS Background Screening LLC runs any search.
- Pre-adverse action. Send the report and the CFPB Summary of Rights before you make a final decision.
- Adverse action. Afterward, issue the final notice with the agency’s contact details and dispute rights.
Vermont Ban the Box Law: 21 V.S.A. § 495j
Since July 1, 2017, 21 V.S.A. § 495j has barred criminal history questions on initial job applications.
The rule covers private and public employers of every size.
Instead, you may ask during an interview or once you deem the applicant otherwise qualified.
The Narrow Exception
You may ask on the application only when a federal or state law disqualifies people with certain convictions.
Even then, limit the question to those specific offense types.
The Right to Explain
Whenever you ask about criminal history, the applicant must get a chance to explain it.
That explanation can cover the circumstances and any rehabilitation after the conviction.
For more detail, the University of Vermont’s Consumer Assistance Program ban the box summary offers plain-language guidance.
How Far Back Does a Background Check Go in Vermont?
Vermont has no general state statute that caps criminal lookback periods for employers.
As a result, the federal FCRA and Vermont’s sealing law set the practical limits.
7 Years
Under 15 U.S.C. § 1681c, arrests without conviction drop off after seven years.
No Limit
Convictions have no federal time cap and may appear indefinitely.
3 / 7 / 10 Years
Misdemeanors, felonies and DUIs become sealable after these waiting periods.
$75,000+
For jobs paying this much, the seven-year FCRA limit does not apply.
Importantly, sealed and expunged records must never appear in a report or a hiring decision.
Vermont Criminal Background Checks and the VCIC
The Vermont Crime Information Center maintains the state’s criminal history repository.
Under 20 V.S.A. § 2056c, anyone who signs a user agreement may request a conviction record.
Each query costs $30, and the statute bars employers from making applicants pay for it.
What a VCIC Report Leaves Out
A VCIC report lists Vermont convictions and serious motor vehicle convictions since September 1995.
However, it omits arrests without conviction, pending charges and most juvenile matters.
It also returns only exact name and date of birth matches.
For that reason, many employers pair it with a court-based search.
Faster Results With Our Real-Time Search
For quicker answers, run our Vermont real-time statewide criminal search through your BCS Background Screening LLC account.
Then, confirm any match against identifiers before it reaches your decision.
Act 60: Record Sealing Changed in 2025
Act 60 became law on June 12, 2025, and its main provisions took effect July 1, 2025.
According to the Vermont Judiciary, the act widened sealing and narrowed expungement.
Separately, charges that end without a conviction generally seal automatically within 60 days of final disposition.
Under 13 V.S.A. § 7606 and § 7607, applicants may answer “no criminal record exists.”
In addition, unauthorized disclosure of a sealed record can bring a civil penalty of up to $1,000.
The law firm Primmer Piper Eggleston & Cramer outlines these duties in its Vermont expungement update.
What Shows Up on a Vermont Employment Background Check?
A typical Vermont screen combines several searches into one FCRA report.
What Appears
Criminal convictions, pending court cases and identity data usually appear first.
Depending on the role, you can add driving, credit, employment and education results.
Sealed records, expunged records and old non-convictions stay out.
How Long It Takes
Database and real-time searches often return within hours.
By contrast, county court searches take longer when a clerk must pull a file.
Verifications depend on how fast past employers and schools respond.
What It Costs
VCIC charges $30 for each conviction record query.
At BCS Background Screening LLC, a county criminal court search costs $18 plus court fees.
Our nationwide background check starts at $25.
Vermont Credit Check Law for Employment: 21 V.S.A. § 495i
21 V.S.A. § 495i stops employers from using credit reports or credit history in hiring, firing or pay decisions.
Likewise, you may not even ask applicants about their credit history.
Positions Where a Credit Check Is Allowed
- State or federal law requires the credit information.
- The job involves access to confidential financial information.
- Your organization is a financial institution or credit union.
- A role carries financial fiduciary responsibility.
- Law enforcement, emergency medical and firefighting positions qualify.
- Access to payroll information also qualifies.
- The employer can show the data validly predicts performance in that specific job.
Rules When an Exemption Applies
Get written consent each time, and state your reason in writing.
If you take adverse action, explain the decision in writing as well.
Furthermore, you must pay all costs, keep the report confidential and destroy it securely.
Even then, you may not use credit history as the sole factor in a decision.
Vermont Motor Vehicle Records for Employers
The Vermont Department of Motor Vehicles releases driving records under the federal Driver’s Privacy Protection Act.
Its permissible use list lets employers verify commercial driver’s license information.
For any other role, the DMV requires the driver’s written consent.
Consequently, include MVR language in your FCRA disclosure and authorization.
BCS Background Screening LLC delivers driving record history reports for Vermont and every other state.
Vermont Drug Testing and Cannabis Rules
Vermont runs one of the strictest drug testing laws in the country, found at 21 V.S.A. §§ 511–520.
You may test an applicant only after a conditional offer that depends on a negative result.
You must also give written notice that lists the drugs you will test for.
In addition, you need a written drug testing policy.
A laboratory approved by the Vermont Department of Health must handle the sample.
By contrast, 21 V.S.A. § 513 bans random and company-wide testing unless federal law requires it.
Moreover, testing an individual employee requires probable cause and an available rehabilitation program.
Cannabis in the Workplace
Adult-use cannabis is legal in Vermont, yet employers may still test for it lawfully.
The Attorney General’s guide to marijuana in the workplace confirms that point.
Still, Jackson Lewis warns that medical cannabis cards may signal a protected disability.
Industry-Specific Vermont Screening Requirements
Several sectors face extra checks beyond the general rules above.
Vulnerable Populations
The VCIC Vulnerable Populations Program waives the $30 fee for qualified entities serving children, elders or people with disabilities.
Health and Human Services
33 V.S.A. § 6914 lets state health departments obtain conviction records and fines any unauthorized re-disclosure.
Schools
Vermont schools must run fingerprint-supported record checks on certain staff under 16 V.S.A. § 255.
Commercial Drivers
Federal DOT rules require MVR reviews and drug testing, which override Vermont’s random testing ban.
Vermont Fair Employment Practices Act and Background Checks
21 V.S.A. § 495 bars discrimination based on race, sex, age, disability and other traits.
Notably, Vermont also protects crime victim status and place of birth.
So, apply one consistent screening policy to every finalist for the same job.
The Attorney General’s Civil Rights Unit investigates complaints and may seek damages and penalties.
In addition, 21 V.S.A. § 495b lets harmed workers sue in Superior Court.
Vermont Employment Screening From BCS Background Screening LLC
We help Vermont employers build compliant, fast and affordable background checks.
Vermont Statewide Search
Real-time statewide criminal search for Vermont applicants.
County Criminal Court Search
Direct court research where the applicant lived and worked.
Federal Criminal Search
U.S. District Court records, including the District of Vermont.
Nationwide Criminal Database
A multi-state locator that we verify at the source.
Motor Vehicle Records
Vermont DMV driving history with DPPA-compliant consent.
SSN Trace and Address History
Past addresses that show which jurisdictions to search.
Every user account includes optional Multiple Authentication Factor (MAF) for added login security.
Vermont Background Check Compliance Checklist
- Remove criminal history questions from every initial application form.
- Give a stand-alone FCRA disclosure and collect signed authorization.
- Pay all VCIC and screening fees yourself.
- Run credit checks only for roles that fit a § 495i exemption.
- Get written consent before pulling a driving record.
- Test for drugs only after a conditional offer and written notice.
- Ignore sealed and expunged records completely.
- Let applicants explain any conviction before you decide.
- Follow both FCRA adverse action steps in order.
Vermont Background Check Laws: Frequently Asked Questions
Can Vermont employers ask about criminal history on a job application?
No, not on the initial application.
Under 21 V.S.A. § 495j, you may ask during an interview or after deeming the applicant qualified.
The Vermont Attorney General enforces the rule, with penalties up to $100 per violation.
How far back does a background check go in Vermont?
Vermont sets no general state lookback limit for employers.
Instead, the federal FCRA, 15 U.S.C. § 1681c, limits non-conviction records to seven years.
Convictions may appear indefinitely unless the court seals or expunges them.
Can Vermont employers run credit checks on applicants?
Only when a specific exemption applies.
21 V.S.A. § 495i allows credit checks for financial institutions, fiduciary roles and several other positions.
Moreover, you need written consent each time and must state your reason in writing.
What does a Vermont VCIC criminal record check include?
The Vermont Crime Information Center reports convictions only.
Under 20 V.S.A. § 2056c, each query costs $30 and requires a signed user agreement.
Arrests without conviction and pending charges stay off the report.
Can employers make applicants pay for a Vermont background check?
No, the employer must cover the cost.
20 V.S.A. § 2056c bars requiring applicants to obtain or pay for their own conviction records.
Similarly, 21 V.S.A. § 495i puts credit report costs on the employer.
How does Vermont’s Act 60 record sealing law affect employers?
Act 60 took effect July 1, 2025, and made many more records eligible for sealing.
Under 13 V.S.A. § 7607, applicants may deny sealed records entirely.
The Vermont Superior Court handles sealing petitions, so never base a decision on sealed data.
Can Vermont employers check an applicant’s driving record?
Yes, with the right purpose or written consent.
The Vermont DMV follows the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721.
Employers may verify CDL data directly; otherwise, they need signed consent.
Can Vermont employers drug test job applicants?
Yes, but only after a conditional job offer.
21 V.S.A. §§ 512 and 514 also require written notice and a lab approved by the Vermont Department of Health.
Random testing stays illegal unless federal law requires it.
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Disclaimer: This page offers general information, not legal advice. Laws change often, so consult Vermont employment counsel before you act. Last reviewed October 2026 by BCS Background Screening LLC.