Home › Employment background check laws › Vermont
Vermont background check laws for employers
Vermont bars almost all employers from asking about criminal history on the first job application and requires them to let applicants explain any record. It also bans most employer use of credit reports, with listed exceptions, and requires consent before any credit report is pulled. A 2025 law (Act 60) moved most record relief to sealing, and applicants do not have to disclose sealed or expunged records.
Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.
Fair-chance hiring (criminal history)
- The law covers any employer with one or more people working for it in Vermont (21 V.S.A. § 495d(1); § 495j(e)(3)).
- An employer may not ask for criminal history record information on its initial job application form (21 V.S.A. § 495j(a)).
- An employer may ask about criminal history during an interview or once the applicant is found otherwise qualified (21 V.S.A. § 495j(a)).
- An employer may ask on the application only about the types of convictions that a federal or state law makes disqualifying for the job, or that the employer is legally barred from hiring (21 V.S.A. § 495j(b)).
- If an employer asks about criminal history, it must give the applicant a chance to explain the record and the circumstances, including rehabilitation (21 V.S.A. § 495j(c)).
- An employer that violates this section faces a civil penalty of up to $100 per violation (21 V.S.A. § 495j(d)).
City and county rules
- No Vermont city ordinance reaching private employers was found; the statewide law applies (21 V.S.A. § 495j).
State consumer report rules
- A person may not obtain a consumer's credit report without the consumer's consent, and may use it only for the purpose consented to (9 V.S.A. § 2480e(a)).
- In Vermont law a 'credit report' includes information on character, general reputation, personal characteristics, or mode of living, not just credit, so the consent rule reaches background reports too (9 V.S.A. § 2480a(3)).
How far back a report can go
- No Vermont law found that limits how far back a background report may go beyond the federal FCRA (9 V.S.A. ch. 63, subch. 3).
- On a job application, a person may be asked about criminal history only for arrests or convictions that have not been expunged (13 V.S.A. § 7606(b)(2)).
- On a job application, a person may be asked about criminal history only for arrests or convictions that have not been sealed (13 V.S.A. § 7607(b)(2)).
- Act 60 of 2025, effective July 1, 2025, rewrote the sealing and expungement chapter so that most adult record relief is now sealing (2025 Vt. Acts No. 60, Sec. 6).
Credit checks
- An employer may not ask about an applicant's or employee's credit report or credit history, or make job decisions based on it (21 V.S.A. § 495i(b)).
- Exceptions include when law requires it, jobs with access to confidential financial information, banks and credit unions, police, EMS and firefighters, jobs with financial fiduciary duties, payroll access, and where the employer can show it validly predicts job performance (21 V.S.A. § 495i(c)(1)).
- Even when an exception applies, credit history may not be the only reason for a job decision (21 V.S.A. § 495i(c)(2)).
- An exempt employer must get written consent each time, explain in writing why it is pulling the report and why it took any adverse action, pay the cost, and keep the report confidential (21 V.S.A. § 495i(d)).
Also good to know
- State guidance says nursing homes, residential care homes, assisted living residences, and similar licensed facilities must check the state adult abuse and child protection registries, Vermont criminal records, and a national criminal check before hiring and at least once a year after (DAIL/AGO memo, Oct. 5, 2022 and May 1, 2023, citing 12-4 Vt. Code R. §§ 200-204).
Common questions
Can Vermont employers run a background check?
Vermont bars almost all employers from asking about criminal history on the first job application and requires them to let applicants explain any record. It also bans most employer use of credit reports, with listed exceptions, and requires consent before any credit report is pulled. A 2025 law (Act 60) moved most record relief to sealing, and applicants do not have to disclose sealed or expunged records.
Does Vermont have a ban-the-box law for private employers?
The law covers any employer with one or more people working for it in Vermont (21 V.S.A. § 495d(1); § 495j(e)(3)).
How far back does a background check go in Vermont?
No Vermont law found that limits how far back a background report may go beyond the federal FCRA (9 V.S.A. ch. 63, subch. 3).
Can Vermont employers run credit checks on applicants?
An employer may not ask about an applicant's or employee's credit report or credit history, or make job decisions based on it (21 V.S.A. § 495i(b)).
Some rules for Vermont weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 21 V.S.A. § 495j (official)
- 21 V.S.A. § 495i (official)
- 21 V.S.A. § 495d definitions (official)
- 9 V.S.A. § 2480e consumer consent (official)
- 9 V.S.A. § 2480a definitions (official)
- 9 V.S.A. ch. 63 contents (official)
- 13 V.S.A. § 7606 effect of expungement (official)
- 13 V.S.A. § 7607 effect of sealing (official)
- 2025 Vt. Acts No. 60 (S.12) as enacted (official)
- 33 V.S.A. § 6911 adult abuse registry access (official)
- 33 V.S.A. § 6914 access to criminal records (official)
- Vermont DAIL/AGO background check memo for facilities (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.