Vermont Background Check Laws (2026 Guide)

Vermont regulates background checks through 21 V.S.A. 495j, which bans employers from asking about criminal history on initial job applications, and the federal FCRA, which limits most negative records to seven years for positions paying under $75,000 annually. Act 60 of 2025 expanded record sealing eligibility across the state.

Vermont has built one of the more worker-friendly background check frameworks in the United States. The state combines a robust Ban the Box law with strong expungement and sealing protections, federal FCRA compliance requirements, and specialized screening rules for sensitive industries. Whether you are an employer conducting pre-hire screening, a landlord evaluating tenants, or an individual wondering what shows up on your record, understanding Vermont's layered system of background check laws is essential.

This guide covers every major aspect of Vermont background check law as of 2026, including the latest changes from the 2025 legislative session.

Vermont's Ban the Box Law

Vermont's Ban the Box law (21 V.S.A. 495j) took effect on July 1, 2017. The statute's history note reads "Added 2015, No. 81 (Adj. Sess.), § 1, eff. July 1, 2017," meaning it was enacted in the 2016 adjourned session and became operative the following July. The law applies to all employers doing business in or operating within the state, covering both public and private sector hiring.

What the Law Requires

Under this statute, employers cannot include questions about criminal history on initial job application forms. An employer may only inquire about a prospective employee's criminal history record in two situations:

• During an in-person interview with the applicant
• After the applicant has been deemed "otherwise qualified" for the position

This means that criminal history cannot be used as a first-pass filter to eliminate candidates before they have had a chance to demonstrate their qualifications.

Exceptions to the Rule

The law provides narrow exceptions. Employers may ask about criminal history on an initial application if:

• Federal or state law creates a mandatory or presumptive disqualification based on certain convictions for that specific position
• The employer has a legal obligation not to hire individuals with specific types of convictions

Even under these exceptions, the questions must be limited to only the offense types that create the legal disqualification. A blanket "have you ever been convicted of a crime" question remains prohibited.

Opportunity to Explain

When an employer does ask about criminal history at the appropriate stage, the applicant must be given an opportunity to explain the circumstances of any convictions, including evidence of post-conviction rehabilitation.

Penalties for Violations

Employers who violate Vermont's Ban the Box law face a civil penalty of up to $100 for each violation. While this per-violation fine may seem modest, repeated violations across many applicants can add up, and the reputational risk of non-compliance can be more significant than the fine itself.

The Federal FCRA and Vermont Background Checks

The Fair Credit Reporting Act (FCRA) is the primary federal law governing background checks conducted through third-party consumer reporting agencies. Vermont employers must comply with the FCRA alongside state law whenever they use a background screening company.

Key FCRA Requirements for Vermont Employers

Before ordering a background check through a third party, employers must:

• Provide the applicant with a clear, standalone written disclosure that a background check will be conducted
• Obtain the applicant's written authorization before the check is run
• Provide the applicant with a copy of the report and a summary of rights before taking any adverse action based on the results

The FTC has published detailed guidance on these requirements for employers.

The Seven-Year Lookback Period

Under the FCRA, consumer reporting agencies generally cannot report certain types of negative information that is more than seven years old for positions with annual compensation under $75,000. This restriction applies to:

• Arrests that did not result in conviction
• Civil lawsuits and civil judgments
• Tax liens
• Accounts placed for collection
• Bankruptcies (limited to 10 years)

For positions paying $75,000 or more per year, these time limits do not apply, and the report may include records going back further.

Criminal Convictions and the Lookback Period

It is important to note that criminal convictions are not subject to the seven-year limit under federal law. A conviction can appear on a background check indefinitely, regardless of salary level. However, Vermont's expungement and sealing laws (discussed below) can remove qualifying convictions from the reportable record.

Vermont's State-Level Consumer Reporting Rules

Vermont has its own Fair Credit Reporting Act (9 V.S.A. 2480e) that supplements federal law. Under Vermont's statute:

• No person may obtain a consumer's credit report without the consumer's consent or a court order
• Credit reporting agencies must adopt reasonable procedures to verify that consent has been obtained
• Reports may only be used for the specific purpose the consumer agreed to

Vermont employers should note that this state consent requirement is stricter than the federal FCRA in some respects, as it explicitly requires purpose-specific consent rather than a general authorization.

Expungement and Sealing of Criminal Records

Vermont significantly reformed its criminal record expungement and sealing laws through Act 60 of 2025 (S.12), which took effect on July 1, 2025. The new law shifted emphasis from expungement (permanent destruction of records) toward sealing (records remain but are hidden from public view).

Understanding Expungement vs. Sealing

These two processes have meaningfully different outcomes under 13 V.S.A. Chapter 230:

Expungement means the record is destroyed and treated as though the arrest or conviction never occurred. Under the 2025 changes, expungement is now limited to cases where the underlying conduct is no longer prohibited by law.

Sealing means the record still exists but becomes inaccessible to the general public. Law enforcement and certain criminal justice agencies retain limited access to sealed records. This is now the primary remedy for most qualifying convictions.

Qualifying Crimes for Sealing

Not all convictions are eligible for sealing. Under the current statute, qualifying crimes include:

Misdemeanors: Most misdemeanor offenses qualify, with exceptions for sex crimes, abuse-related offenses, voyeurism, animal cruelty, hate-motivated crimes, and violations of protective orders.

Felonies: Only certain categories qualify, including:

• Burglary (with restrictions for occupied dwellings)
• Specific property crimes such as forgery, identity theft, larceny, embezzlement, and fraud
• Drug possession and distribution offenses
• Crimes for which the individual received a gubernatorial pardon

Waiting Periods

Before filing a petition to seal records, individuals must complete the following waiting periods after finishing their sentence:

Additional Requirements

To qualify for sealing, petitioners must:

• Complete all terms and conditions of their sentence
• Pay all restitution and court-imposed surcharges in full (unless waived by the court)
• Demonstrate that the State's Attorney has not shown that sealing would be "contrary to the interests of justice"

Automatic Sealing of Non-Conviction Records

Vermont law provides for automatic sealing of certain non-conviction records. Unless either party objects, the court must seal records within 60 days of final disposition when:

• The court does not find probable cause at arraignment
• Charges are dismissed before trial, with or without prejudice
• The defendant is acquitted

Victims receive notice and may provide statements before any sealing order is issued.

Effect of Sealed Records on Background Checks

Once a record is sealed, it will not appear on standard criminal background checks. Under 13 V.S.A. 7606(b)(2) and 13 V.S.A. 7607(b)(2), a person applying for employment, a license, or a civil right or privilege may be required to answer questions about a previous criminal history record only with respect to arrests or convictions that have not been expunged or sealed. An applicant may therefore answer as though the sealed or expunged record does not exist, and is not required to disclose it.

These provisions create a right not to disclose rather than a ban on asking. Neither section uses the word "employer," and the only affirmative duty to advise a person of that right falls on a State entity that inquires, not on a private employer. The rule that actually limits when a private employer may ask about criminal history is the timing rule in 21 V.S.A. 495j, discussed above.

Employment Background Checks

Vermont has several additional rules that govern how employers may conduct and use background checks beyond the Ban the Box law.

Written Notice and Consent

Before conducting any pre-employment background check, Vermont employers must:

• Notify the applicant that a background check will be conducted
• Obtain the applicant's written authorization
• Provide information about what the check will include

Employer Cost Restrictions

Vermont law prohibits employers from requiring applicants to pay for background checks or pre-employment medical examinations as a condition of employment.

Employment Credit History Restrictions

Vermont also restricts employers from using an applicant's credit history under 21 V.S.A. 495i. Employers generally cannot inquire about an applicant's or employee's credit report or credit history, or make hiring, compensation, or other employment decisions based on it, except for specific exempted positions such as those involving financial fiduciary duties, access to confidential financial information, or payroll access.

Drug Testing Restrictions

Vermont limits workplace drug testing under 21 V.S.A. 512 to 514, and the rules for job applicants are different from the rules for current employees.

Job applicants. Under 21 V.S.A. 512, an employer or employment agency generally may not, as a condition of employment, request or require that an applicant take a drug test. An employer may test an applicant only if the applicant has been given an offer of employment conditioned on receiving a negative test result, and the applicant received written notice of the drug testing procedure and a list of the drugs to be tested. The test must also be administered in accordance with 21 V.S.A. 514. Pre-hire drug testing is therefore permitted in Vermont, but only after a conditional offer and with advance written notice.

Current employees. Under 21 V.S.A. 513, employers generally cannot request or require an employee to submit to a drug test. Random or company-wide testing is prohibited except when such testing is required by federal law or regulation. Outside that federal carve-out, an employer may test an employee only when it has probable cause to believe the employee is using or is under the influence of a drug on the job and a bona fide rehabilitation program is available to the employee.

Before testing, employers must:

• Provide a written drug testing policy
• Identify the specific drugs being screened
• Warn that over-the-counter medications may produce positive results
• Explain the consequences of a positive test

Background Checks for Vulnerable Populations

Vermont imposes heightened screening requirements for employers who provide services to children, elderly individuals, and people with disabilities.

VCIC Record Checks

The Vermont Crime Information Center (VCIC) is the state agency responsible for processing fingerprint-supported criminal record checks for employment screening. VCIC handles several types of checks:

• Vermont Criminal Record Checks: Search of state criminal databases
• National Fingerprint Checks: FBI-level checks for qualifying employers under the National Child Protection Act
• Vulnerable Populations Checks: Enhanced screening for agencies serving at-risk individuals

Fingerprints must be taken by Vermont criminal justice personnel certified by the Vermont Criminal Justice Training Council.

Under 20 V.S.A. 2063, the cost of each criminal history record check or criminal conviction record check based on name and date of birth is $30.00, and VCIC charges $30.00 per conviction report ordered through its online conviction report system. Out-of-state checks add whatever fee the other state charges. Requests made by a qualified entity that provides care or services to children, elders, or persons with disabilities are exempt from the record check fee, as are requests by criminal justice agencies for criminal justice purposes. VCIC does not publish a fingerprint-check price list on its record checks page, so confirm the current cost of a fingerprint-supported check with VCIC directly before budgeting for it.

Abuse Registry Checks

Employers serving vulnerable populations must also check the Vermont Adult Abuse Registry and the Child Protection Registry. The Department of Aging and Independent Living (DAIL) maintains an electronic background check system that allows qualifying organizations to search both registries simultaneously.

The Adult Abuse Registry lists caregivers who have been substantiated for abuse, neglect, or exploitation of a vulnerable adult. A hit on either registry can disqualify an individual from employment in covered positions.

Housing and Tenant Screening

Vermont does not have a state law that specifically restricts landlords from using criminal background checks in tenant screening decisions. However, several important rules apply.

Written Consent Required

Landlords must obtain written consent from a prospective tenant before running any background check. Vermont's general consumer reporting consent requirements under 9 V.S.A. 2480e apply to tenant screening reports.

No Application Fees

Under 9 V.S.A. 4456a, a landlord or a landlord's agent shall not charge an application fee to any individual in order to apply to enter into a rental agreement for a residential dwelling unit. The statute contains no exception permitting a landlord to pass along the actual cost of a background or credit check, so billing an applicant for screening as a condition of applying is not allowed.

Identification a Landlord Must Accept

Section 4456a, as amended by 2025, No. 69, § 10, effective July 1, 2025, also governs what a landlord may demand in order to run a background or credit check. The landlord must accept an original or a copy of any unexpired form of government-issued identification, an Individual Taxpayer Identification Number, or a Social Security number. A landlord may not require a Social Security number and may not refuse to accept an application because the applicant does not have one.

Fair Housing Protections

Vermont's Fair Housing Act (9 V.S.A. 4503) is broader than federal law. It prohibits housing discrimination based on:

• Race, color, and national origin
• Sex, sexual orientation, and gender identity
• Age and marital status
• Religious creed and disability
• Citizenship and immigration status
• Presence of minor children
• Receipt of public assistance
• Status as a victim of abuse, sexual assault, or stalking

While criminal history is not a protected class under Vermont fair housing law, landlords who use criminal records as a blanket screening tool may face discrimination claims if the practice disproportionately affects members of a protected class. Federal HUD guidance cautions against rigid criminal history policies in housing.

Adverse Action Notices

If a landlord denies a tenancy based on information in a background check, the landlord must provide the applicant with an adverse action notice that identifies the screening company and explains the applicant's right to dispute the information.

Professional Licensing Background Checks

The Vermont Office of Professional Regulation (OPR) oversees licensing for dozens of professions. Criminal convictions can affect professional licensing, but Vermont law requires boards to evaluate convictions using a structured, individualized assessment.

Required Consideration Factors

Under 3 V.S.A. 129a, when a licensing board considers a criminal conviction, it must evaluate:

1. The nature and seriousness of the conviction
2. The time that has elapsed since the crime occurred
3. The relationship between the crime and the professional duties of the licensed occupation
4. Evidence of rehabilitation, including treatment and reform efforts

Types of Convictions That May Affect Licensing

Two categories of convictions may trigger licensing action:

• Any felony conviction, whether or not it relates to the profession
• Misdemeanor convictions that are specifically related to the standards of practice for the licensed profession

Reporting Requirements

Licensees must report any felony or misdemeanor conviction to OPR within 30 days. This requirement applies to convictions in Vermont courts, federal courts, and courts in other states.

Burden of Proof

Vermont law places the burden of proof on the State. The government must show by a preponderance of the evidence that the conviction constitutes unprofessional conduct before discipline can be imposed. This standard protects applicants and licensees from arbitrary denial.

Recent Changes and 2025 Legislative Updates

The 2025 Vermont legislative session produced several significant changes to background check and criminal record laws.

Act 60 of 2025 (Record Sealing Overhaul)

The most significant change was Act 60 (S.12), which took effect July 1, 2025. Key provisions include:

• Expansion of the list of offenses eligible for sealing
• Reduction in the number of offenses eligible for full expungement
• Automatic sealing of certain non-conviction records
• Strengthened penalties for unauthorized disclosure of sealed records
• Special provisions for individuals who were ages 18 to 21 at the time of their offense, allowing petition for sealing after just 30 days

Switchblade Knife Conviction Expungement

Act 60 also required courts to expunge all criminal records related to convictions for possessing, selling, or offering for sale a switchblade knife that occurred before July 1, 2025. This expungement was to be completed by all courts and subject entities no later than July 1, 2026.

Act 23 of 2025 (Coerced Debt Protections)

The legislature also passed Act 23 of 2025, which directed the Department of Financial Regulation to study protections for victims of coerced debt. While primarily a consumer protection measure, this act may lead to future changes in how credit reports reflect debts incurred through coercion, potentially affecting credit-based background screening.

Frequently Asked Questions

Can a Vermont employer ask about criminal history on a job application?

No. Under Vermont's Ban the Box law (21 V.S.A. 495j), employers cannot ask about criminal history on initial job applications. They may only inquire during an interview or after the applicant has been deemed otherwise qualified. The only exception is for positions where federal or state law creates a mandatory disqualification based on specific convictions.

How far back does a background check go in Vermont?

For positions paying less than $75,000 per year, the federal FCRA limits reporting of most negative information to seven years. This includes arrests without convictions, civil judgments, and collection accounts. Criminal convictions, however, can be reported indefinitely under federal law. Vermont's sealing and expungement laws may remove qualifying convictions from the reportable record after the applicable waiting period.

Can I get my criminal record sealed in Vermont?

Yes, if your conviction meets the eligibility requirements under 13 V.S.A. Chapter 230. Most misdemeanors qualify after a 3-year waiting period, and certain felonies qualify after 7 years. You must have completed your sentence, paid all restitution, and the State's Attorney must not demonstrate that sealing would be contrary to the interests of justice. Non-conviction records (dismissals, acquittals) may be sealed automatically within 60 days.

Do Vermont landlords have to follow background check rules?

Yes. Landlords must obtain written consent before running a background check, and under 9 V.S.A. 4456a they cannot charge an application fee to a residential rental applicant. There is no exception allowing the landlord to pass the cost of the screening report to the applicant. A landlord must also accept a government-issued ID or an Individual Taxpayer Identification Number instead of a Social Security number when running a background or credit check, and cannot reject an application for lack of a Social Security number. If a landlord denies tenancy based on a background report, they must provide an adverse action notice. Vermont's fair housing law, which is broader than federal law, also applies to how criminal history information is used in housing decisions.

What background checks are required for working with vulnerable populations in Vermont?

Employers providing services to children, the elderly, or people with disabilities must conduct checks through the Vermont Crime Information Center (VCIC), including fingerprint-supported criminal record searches. They must also check the Vermont Adult Abuse Registry and the Child Protection Registry maintained by the Department of Aging and Independent Living. These enhanced checks are required by both state and federal law under the National Child Protection Act.