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Vermont Background Check Laws: What Employers Need to Know
Vermont has one requirement that catches employers off guard more than most: consent has to be obtained for every single report request, with no ongoing authorization permitted. Relevant across the state's healthcare, tourism, and food production industries, here's what applies whether you're hiring in Burlington, Montpelier, or Rutland.
Consent Is Required for Every Report
All users of consumer reports, not just employers, must obtain the consumer's consent before obtaining a report. Critically, the consumer must consent to each individual request; Vermont doesn't permit evergreen or continuing authorization. An employer running a second check on the same person later needs fresh consent. Candidates must also be told the reason a credit report is being requested.
Ban-the-Box
Vermont's version takes a narrower approach than many states. Rather than delaying inquiry until after an offer, it prohibits the criminal history question from appearing on the application form itself. Employers may ask about arrests, citations, arraignments, judicial dispositions, custody, and supervision during an interview, or once the applicant is deemed qualified for the position, with no restriction on which interview.
Vulnerable Adult Roles
For roles working with vulnerable adults, including volunteers and contractors, an employer may only seek a criminal record after an offer of employment is made.
Salary History
Employers can't inquire about or seek a candidate's current or past compensation, require that past compensation meet certain criteria, or decide whether to interview based on past compensation. The law covers wages, salary, bonuses, benefits, fringe benefits, and equity compensation. Employers may still ask about salary expectations, share their own compensation information, and verify voluntarily disclosed salary history after an offer is made.
Credit Reports
Employers can't refuse to hire, recruit, discharge, or otherwise discriminate based on credit history, and can't inquire about credit unless a specific exception applies. Exceptions include where a report is required by law, roles with access to confidential financial information of commercial value, financial institutions and credit unions, law enforcement, emergency medical personnel, firefighters, roles with financial fiduciary responsibility, and roles with payroll access.
Employers Can't Pass Certain Costs to Candidates
Employers can't require a candidate to pay for a criminal record check, and must pay for any medical examination used as a condition of employment.
Public Employers
State employment applications no longer include criminal record inquiries, and background checks can't be conducted until a candidate has otherwise been determined qualified.
Pass-Through Fees for Vermont Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (VT Dept. of Public Safety Vermont Crime Information Center) | $30.00 per criminal conviction record request |
| Motor vehicle record | $21.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Vermont Employers
Can I use one authorization for multiple checks in Vermont?
No. Vermont requires consent for each individual report request, with no evergreen or continuing authorization permitted. This is stricter than most states.
Does Vermont have a Ban-the-Box law?
Yes, but a narrower version. The criminal history question can't appear on the application form, though it can be raised during an interview or once the candidate is deemed qualified.
Can I ask a Vermont candidate about salary expectations?
Yes. Asking about expected pay is permitted; asking about past or current compensation is not.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.

