Vermont Background Check Laws for Employers (2026)
Vermont gives employers clear rules for criminal, credit, driving and drug screening. It bans the box, limits credit checks and seals far more records since Act 60.
This guide explains each statute, the agency behind it, the lookback limits and the questions a Vermont job application may ask.
Vermont Background Check Laws at a Glance
Before you order a single report, review the core statutes below. Vermont layers its own consumer reporting, ban-the-box, credit and drug testing laws on top of the federal FCRA.
Each row names the law, what it controls and the office that enforces it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; 9 V.S.A. §§ 2480a–2480g | Requires disclosure, written authorization and adverse action notices; consent before pulling a credit report. | FTC and CFPB; Vermont Attorney General, Consumer Protection |
| State criminal records | 20 V.S.A. § 2056c | User agreement; $30 fee; employer pays, not the applicant. | Vermont Crime Information Center (VCIC) |
| Fair chance / ban the box | 21 V.S.A. § 495j (July 1, 2017) | No criminal history questions on the initial application; applicants may explain any conviction. | Vermont Attorney General, Civil Rights Unit |
| Sealed and expunged records | 13 V.S.A. §§ 7601–7611; Act 60 (July 1, 2025) | Sealed or expunged records read “no criminal record exists”; non-convictions seal automatically. | Vermont Superior Court, Criminal Division |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Credit reports | 21 V.S.A. § 495i (July 1, 2012) | Bans credit inquiries and credit-based decisions unless an exemption applies. | Vermont Attorney General, Civil Rights Unit |
| Salary history | 21 V.S.A. § 495m (July 1, 2018); § 495p (July 1, 2025) | Bans salary history questions; employers with five or more employees must post pay ranges. | Vermont Attorney General, Civil Rights Unit |
| Drug and marijuana testing | 21 V.S.A. §§ 511–520; 18 V.S.A. § 4230a(e) | Test applicants only after a conditional offer with written notice and a written policy; no cannabis employment protection. | Vermont Attorney General; Department of Health labs |
| Application questions | Title VII, ADEA, ADA, INA (federal); 21 V.S.A. §§ 495, 495i, 495j, 495m | Bars pre-offer questions about protected traits, criminal history, credit history and salary history. | EEOC; Vermont Attorney General, Civil Rights Unit |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | USCIS |
| Social media | 21 V.S.A. § 495l | Limits requests for personal social media passwords and account access. | Vermont Attorney General, Civil Rights Unit |
| Driving records | Driver’s Privacy Protection Act, 18 U.S.C. § 2721 | Written consent or a CDL purpose to release personal data. | Vermont Department of Motor Vehicles |
| Fair employment | 21 V.S.A. §§ 495, 495b | No discrimination on protected traits, including crime victim status and place of birth. | Vermont Attorney General, Civil Rights Unit |
How the FCRA Applies to Vermont Employers
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.
Clear Disclosure
Give a clear, stand-alone written disclosure that you may order a background report. 15 U.S.C. § 1681b(b)(2) forbids extra terms on that form.
Written Authorization
Obtain the applicant’s signed permission before BCS Background Screening LLC runs any search. An electronic signature works.
Pre-Adverse Action
Send the report and the CFPB Summary of Rights before you make a final decision. Then allow a reasonable time for a dispute.
Adverse Action Notice
Afterward, issue the final notice with the agency’s contact details and dispute rights. State that the agency did not make the decision.
Vermont tip: many screening packages bundle a credit report by default. Collect written consent that covers credit data only when a § 495i exemption applies, and pay every screening fee yourself.
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. A county criminal court search adds the court file for $18 plus court fees.
How Far Back Does a Background Check Go in Vermont?
Vermont has no state statute that caps criminal lookback periods for employers. As a result, the federal FCRA in 15 U.S.C. § 1681c and Vermont’s sealing law set the practical limits.
Arrests and Non-Convictions (Federal)
Under § 1681c(a), a screening agency cannot report arrests or dismissed charges older than seven years.
Criminal Convictions (Federal)
Convictions have no federal time cap under § 1681c(a)(5) and may appear indefinitely.
Salary Exemption (Federal)
The seven-year FCRA limit falls away for jobs expected to pay $75,000 or more a year.
Act 60 Sealing (Vermont)
Qualifying misdemeanors, felonies and misdemeanor DUIs become sealable by petition after these waiting periods.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Act 60, Sealed Records and Arrests in Vermont
Sealed, Expunged and Set-Aside Records
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.
Under 13 V.S.A. § 7603, charges that end in no probable-cause finding, dismissal or acquittal seal automatically within 60 days unless a party objects. Convictions seal only by petition under 13 V.S.A. § 7602.
| Record Type | Statute | Waiting Period | How It Seals |
|---|---|---|---|
| No probable cause, dismissal or acquittal | 13 V.S.A. § 7603 | Within 60 days of disposition | Automatic, unless a party objects |
| Qualifying misdemeanor | 13 V.S.A. § 7602 | 3 years after completion of sentence | By petition |
| Qualifying felony | 13 V.S.A. § 7602 | 7 years after completion of sentence | By petition |
| Misdemeanor DUI | 13 V.S.A. § 7602 | 10 years after completion of sentence | By petition |
Under 13 V.S.A. § 7606 and § 7607, sealed and expunged records are reported as “no criminal record exists.” Applicants may answer the same way, so never penalize anyone for leaving one off an application.
Unauthorized disclosure of a sealed record carries a civil penalty of up to $1,000 under 13 V.S.A. § 7611. Keep sealed and expunged records out of every report and every hiring decision.
Arrests and Non-Convictions
Vermont places no state restriction on arrest records beyond the federal seven-year reporting limit on non-convictions. In practice, Act 60 now seals most non-convictions automatically, so they rarely reach a report.
An arrest alone does not prove conduct. Always confirm the final disposition before you act, and consider the underlying conduct only when it is job-related.
Juvenile Records
A VCIC conviction report omits most juvenile matters. Treat any juvenile record that surfaces elsewhere as protected, and do not use it in a hiring decision.
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. Vermont has no local fair-chance ordinances that add stricter rules.
The Narrow Exception
You may ask on the application only when federal or state law creates a mandatory or presumptive disqualification for certain convictions. The same applies where the law bars you from employing people with those convictions.
Even then, limit the question to those specific offense types.
The Right to Explain
Whenever you ask about criminal history, 21 V.S.A. § 495j(c) requires that the applicant get a chance to explain it. That explanation can cover the circumstances and any rehabilitation after the conviction.
Vermont sets no waiting period after that conversation. Still, document the job-related reason for every criminal-history decision.
Penalty
Each violation carries a civil penalty of up to $100, enforced by the Vermont Attorney General. Consequently, one flawed form used for months can create many separate violations.
Audit every job board template, not just your careers page.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
What a Vermont Job Application May Ask
Vermont has no single statute that lists forbidden pre-employment inquiries. Instead, three Vermont laws remove specific questions, and federal law covers the rest.
Under 21 V.S.A. § 495j, § 495i and § 495m, a Vermont application may not ask about criminal history, credit history or salary history. The Fair Employment Practices Act, 21 V.S.A. § 495, also bars discrimination on race, sex, age, disability, crime victim status and place of birth.
Sex, Marital Status, Religion and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match VCIC and court records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
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.
A credit check is allowed only when an exemption applies. The list is short.
- State or federal law requires the credit information.
- The job involves access to confidential financial information or the employer’s payroll information.
- Your organization is a financial institution or credit union.
- The role carries financial fiduciary responsibility.
- The position is law enforcement, emergency medical or firefighting.
- The employer can show the data validly and reliably predicts performance in that specific job.
Even then, 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. You may not use credit history as the sole factor in a decision under § 495i(c)–(d).
Section 495i also protects anyone who files a complaint or cooperates in an investigation. The Attorney General’s Civil Rights Unit takes complaints about credit-based decisions.
Salary History and Pay Transparency
Under 21 V.S.A. § 495m, effective July 1, 2018, employers may not inquire about or seek an applicant’s salary history. You may confirm prior pay only if the applicant volunteers it after an offer.
In addition, employers with five or more employees must list the compensation or range in job advertisements. That rule, 21 V.S.A. § 495p, took effect July 1, 2025, and covers remote jobs tied to a Vermont location.
However, the law carves out exceptions for commission-only and tipped positions.
Drug and Marijuana Testing
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.
Under §§ 512 and 514, you must give written notice of the testing procedure and the drugs you will test for. You also need a written drug testing policy.
A laboratory approved by the Vermont Department of Health must handle the sample. Never test before the offer, or a positive result could expose you to a claim under the Fair Employment Practices Act.
By contrast, 21 V.S.A. § 513 bans random and company-wide testing of employees unless federal law requires it. Testing an individual employee requires probable cause and an available rehabilitation program.
Adult-use cannabis is legal in Vermont, yet employers may still test for it lawfully. Neither the medical cannabis registry under 7 V.S.A. chapter 35 nor the adult-use law at 18 V.S.A. § 4230a(e) gives applicants or employees employment protection.
The Attorney General’s guide to marijuana in the workplace confirms that employers may keep cannabis-free policies. Still, Jackson Lewis warns that a registered patient’s underlying condition may call for a disability accommodation analysis.
Motor Vehicle Records
The Vermont Department of Motor Vehicles releases driving records under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721. 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.
Delivery drivers, sales reps with fleet cars and CDL holders all need regular checks. BCS Background Screening LLC delivers driving record history reports for Vermont and every other state.
E-Verify and Form I-9
Vermont does not mandate E-Verify for private or public employers. E-Verify stays voluntary except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
21 V.S.A. § 495l limits requests for an applicant’s personal social media passwords and account access. Keep any review of public profiles job-related and consistent for every applicant.
Automated and AI Hiring Tools
Vermont has no statute regulating automated or AI hiring tools. Title VII, the ADA, the ADEA and the Fair Employment Practices Act still apply to any screening tool that creates a disparate impact.
Fair Employment Practices Act
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 21 V.S.A. § 495b lets harmed workers sue in Superior Court.
Industry-Specific Vermont Screening Requirements
Several sectors face extra checks beyond the general rules above. Below are the rules Vermont employers ask about most.
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. Providers paid with federal healthcare funds also screen the HHS-OIG exclusion list, which our FACIS® search covers.
Schools
Vermont schools must run fingerprint-supported record checks on certain staff under 16 V.S.A. § 255. Ban-the-box timing still applies unless a law disqualifies the applicant from the role.
Commercial Drivers
Federal DOT rules under 49 C.F.R. Parts 40 and 382 require MVR reviews, Clearinghouse queries and drug testing. Those rules override Vermont’s random testing ban for CDL positions.
What Changed for Vermont Employers in 2026
Two Vermont laws that took effect July 1, 2025 still drive policy updates this year. Two federal changes in 2026 also affect how Vermont employers screen.
Act 60 seals non-convictions automatically and widens conviction sealing
Act 60 took effect July 1, 2025. Under 13 V.S.A. § 7603, charges ending in no probable-cause finding, dismissal or acquittal now seal automatically within 60 days unless a party objects.
Under 13 V.S.A. § 7602, qualifying misdemeanors seal by petition after 3 years and qualifying felonies after 7 years. Misdemeanor DUIs wait 10 years from completion of sentence. Sealed records are reported as “no criminal record exists,” and unauthorized disclosure carries a civil penalty of up to $1,000 under § 7611.
What to do: Remove sealed and expunged records from every file, and never ask applicants to disclose them. Verify any old non-conviction at the court before you rely on it.
Source: 13 V.S.A. §§ 7601–7611; Act 60 (2025). Read the law
Pay ranges are required in Vermont job advertisements
Since July 1, 2025, 21 V.S.A. § 495p requires employers with five or more employees to include the compensation or range in job advertisements. The rule covers remote jobs tied to a Vermont location, with exceptions for commission-only and tipped positions.
The salary history ban in 21 V.S.A. § 495m remains in force. You may confirm prior pay only if the applicant volunteers it after an offer.
What to do: Add a pay range to every Vermont job posting, and strip salary history questions from applications and interview scripts.
Source: 21 V.S.A. §§ 495m, 495p. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws such as 21 V.S.A. § 495j, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers under Part 40. For other roles, Vermont law still allows post-offer marijuana testing with written notice and a written policy.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
Vermont Employment Screening Services
BCS Background Screening LLC helps Vermont employers build compliant, fast and affordable background checks. Every search follows the FCRA and the Vermont rules above.
Vermont Statewide Search
Real-time statewide criminal search for Vermont applicants.
County Criminal Court Search
Direct court research where the applicant lived and worked. Price: $18 plus court fees.
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.
Verifications and Add-ons
Adds employment, education, license and FACIS® healthcare sanction checks to any Vermont package.
Vermont Employer Compliance Checklist
- Remove criminal history questions from every initial application form.
- Remove sex, marital status, religion, citizenship, salary history and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- 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, with written consent each time.
- Post a pay range in every job advertisement if you have five or more employees.
- Get written consent before pulling a driving record.
- Test for drugs only after a conditional offer, with written notice and a written policy.
- Ignore sealed and expunged records, and let applicants explain any conviction before you decide.
Vermont Employment Screening Law FAQs
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 otherwise qualified, and the applicant must get a chance to explain.
The Vermont Attorney General enforces the rule, with penalties up to $100 per violation.
What may a Vermont employer ask on a job application?
Vermont law removes three questions outright: criminal history (21 V.S.A. § 495j), credit history (§ 495i) and salary history (§ 495m). The Vermont Attorney General’s Civil Rights Unit enforces all three.
Federal law adds the rest. Title VII, the ADEA, the ADA and the INA bar pre-offer questions about sex, religion, age, disability and citizenship status. Collect the date of birth on the FCRA authorization after the conditional offer.
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 unless the job pays $75,000 or more.
Convictions may appear indefinitely unless the Vermont Superior Court seals or expunges them. The FTC and CFPB enforce the FCRA limits.
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, law enforcement and several other positions.
Moreover, you need written consent each time, must state your reason in writing and must pay all costs. The Vermont Attorney General’s Civil Rights Unit takes complaints.
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, requires a signed user agreement and must be paid by the employer, not the applicant.
Arrests without conviction, pending charges and sealed records stay off the report.
How does Vermont’s Act 60 record sealing law affect employers?
Act 60 took effect July 1, 2025. Under 13 V.S.A. § 7603, non-convictions seal automatically within 60 days. Under § 7602, qualifying misdemeanors, felonies and misdemeanor DUIs seal by petition after 3, 7 or 10 years.
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, a written policy and a lab approved by the Vermont Department of Health.
Random testing stays illegal under § 513 unless federal law requires it. Vermont’s cannabis laws give applicants no employment protection, so marijuana testing remains lawful.
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This page provides general information about Vermont background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.