Vermont Background Check Laws
VT Employer Compliance Guide
Employers in Vermont must navigate specific state laws in addition to federal regulations when conducting background checks.
Content updated
Vermont background check laws at a glance
- Does Vermont have a ban-the-box law?
- Yes — comprehensive coverage, applying to both public and private employers.
- Can employers ask about salary history?
- No — Vermont restricts salary history inquiries.
- How far back can a background check go?
- Vermont law does not explicitly set a specific reporting limitation period for criminal convictions, but employers are generally advised to consider the relevance of older convictions to the job duties. The federal FCRA's seven-year reporting limitation for non-conviction records (arrests not leading to conviction, civil suits, etc.) for jobs paying under $75,000 still applies. However, Vermont's ban-the-box law dictates when criminal history can be inquired about, regardless of age.
- Governing statutes
- 21 V.S.A. § 495h; 21 V.S.A. § 306; 21 V.S.A. § 513; 13 V.S.A. § 7601 et seq.
Complying with Vermont's background check laws is crucial for employers to avoid legal penalties and ensure fair hiring practices. These regulations are designed to protect job applicants while allowing employers to make informed hiring decisions. Understanding the nuances of state-specific rules, such as ban-the-box provisions and limitations on reporting certain criminal history, is essential for any business operating in Vermont. Failure to adhere to these laws can result in significant legal challenges, including lawsuits and fines. This guide provides a comprehensive overview of Vermont's background check requirements, helping employers maintain compliance and implement effective, lawful screening processes.
Ban-the-Box Laws
Vermont's ban-the-box law, effective July 1, 2017, prohibits both public and private employers from inquiring about an applicant's criminal history on an initial employment application. Employers may only inquire about criminal history after the applicant has been determined otherwise qualified for the position and has been interviewed, or has received a conditional offer of employment. This law does not apply to positions where a criminal background check is required by law, or where the employer is legally prohibited from hiring individuals with certain criminal convictions.
State FCRA Variations
Vermont law generally aligns with the FCRA but adds specific restrictions, particularly regarding the timing of criminal history inquiries (ban-the-box) and salary history inquiries, which go beyond federal FCRA requirements. Employers must comply with both the FCRA and Vermont's more restrictive provisions.
Salary History Ban
Vermont law prohibits employers from inquiring about a prospective employee's salary history, including compensation and benefits, during the hiring process. Employers also cannot seek this information from current or former employers. However, an employer may engage in discussions with a prospective employee about their salary expectations or provide information about the compensation and benefits offered for the position. (21 V.S.A. § 306)
Reporting Limitations
Vermont law does not explicitly set a specific reporting limitation period for criminal convictions, but employers are generally advised to consider the relevance of older convictions to the job duties. The federal FCRA's seven-year reporting limitation for non-conviction records (arrests not leading to conviction, civil suits, etc.) for jobs paying under $75,000 still applies. However, Vermont's ban-the-box law dictates when criminal history can be inquired about, regardless of age.
Expungement & Record Sealing
Vermont law allows for the expungement and sealing of certain criminal records. Employers generally cannot inquire about, or consider, criminal records that have been expunged or sealed. Treating such records as if they never occurred is the standard. Employers should ensure their background check providers are aware of and comply with these limitations.
Local Fair Chance Ordinances
Vermont's ban-the-box law serves as its primary 'fair chance' hiring legislation, ensuring that applicants with criminal records are given a fair chance to be considered for employment based on their qualifications before their criminal history is reviewed.
Key Screening Rules
Ban-the-Box Compliance
Salary History Ban
FCRA Adherence
Expunged/Sealed Records
Job-Relatedness and Business Necessity
Drug Testing Regulations
Frequently Asked Questions: Vermont
When can I ask about an applicant's criminal history in Vermont?
You can only ask about an applicant's criminal history after they have been determined otherwise qualified for the position and have been interviewed, or after a conditional offer of employment has been made. This is due to Vermont's ban-the-box law (21 V.S.A. § 495h).
Can I ask about an applicant's salary history in Vermont?
No, Vermont law (21 V.S.A. § 306) prohibits employers from inquiring about a prospective employee's salary history, including compensation and benefits, during the hiring process.
Do Vermont's background check laws apply to all employers?
Yes, Vermont's ban-the-box and salary history ban laws apply to both public and private employers in the state.
What if a criminal record has been expunged or sealed in Vermont?
Employers generally cannot inquire about or consider criminal records that have been expunged or sealed under Vermont law. These records should be treated as if they never occurred.
Are there specific rules for drug testing in Vermont?
Yes, Vermont has specific statutes (21 V.S.A. § 513) governing employer drug testing, requiring a written policy, confirmation testing, and confidentiality, among other provisions.
How does Vermont law interact with the federal FCRA?
Employers in Vermont must comply with both the federal FCRA and Vermont's state-specific laws. Where Vermont law is more restrictive (e.g., ban-the-box, salary history), employers must follow the Vermont requirements.
Key Statutes
21 V.S.A. § 495h
— Prohibits employers from inquiring about an applicant's criminal history on an initial employment application.
21 V.S.A. § 306
— Prohibits employers from inquiring about a prospective employee's salary history.
21 V.S.A. § 513
— Regulates employer drug testing policies and procedures.
13 V.S.A. § 7601 et seq.
— Pertains to the sealing and expungement of criminal records in Vermont.
Sources for this Vermont guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Vermont primary authority
- Vermont Office of the Attorney General
Vermont Attorney General · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Vermont guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Vermont before adopting or changing a screening policy.
States bordering Vermont
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Vermont with its neighbors:
Screening services for Vermont employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Vermont.
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