When can a Vermont employer ask about my criminal record?

A Vermont employer can only ask about your criminal record after you have had an initial interview. They cannot include criminal history questions on the job application, and they cannot ask about it during any pre-interview screening. After the initial interview, the employer may conduct a background check and ask about criminal history.

Can I get my record expunged in Vermont?

Yes, Vermont allows expungement by petition for certain offenses under 13 V.S.A. § 7601 et seq. Eligible records include dismissed charges, acquittals, and certain qualifying convictions. Vermont has expanded expungement eligibility in recent years. The process requires filing a petition with the court. Not all convictions are eligible — serious violent felonies and sex offenses are generally excluded.

Does Vermont have a Clean Slate law?

No. Vermont does not have automatic record sealing or a Clean Slate law. All record clearing requires filing a petition with the court. However, Vermont's strong ban-the-box law provides significant protection by ensuring employers cannot ask about criminal history until after the initial interview.

Can a Vermont employer refuse to hire me because of an old conviction?

After the initial interview, a Vermont employer can consider criminal history in hiring decisions, including old convictions. Vermont does not have a state law mandating individualized assessment. However, the ban-the-box requirement ensures you have an opportunity to demonstrate your qualifications first. Federal EEOC guidance also recommends employers consider the relevance and age of the conviction.

What happens if a Vermont employer asks about my criminal record on the application?

If a Vermont employer includes criminal history questions on a job application or asks about it before the initial interview, they are violating 21 V.S.A. § 495j. You can file a complaint with the Vermont Attorney General's office or the Vermont Human Rights Commission. The law is enforceable, and employers who violate it may face penalties.

Will a dismissed charge show up on a Vermont background check?

A dismissed charge may appear on a background check unless you have petitioned for expungement under 13 V.S.A. § 7601 et seq. Once expunged, the record should not appear on standard background checks. If you have dismissed charges, pursuing expungement is recommended.

Vermont Background Check Laws

No state lookback limitLast updated: 2026-04-01

Vermont has no state lookback limit — convictions appear on background checks indefinitely. Vermont has a strong ban-the-box law covering ALL private employers, delaying criminal history inquiries until after the initial interview. No Clean Slate law, but expungement by petition is available for certain offenses.

Overview

Vermont does not impose a state-level time limit on how far back employers can look at criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and Vermont has no stricter state law overriding this default. Vermont does have one of the stronger ban-the-box laws in the country. Under 21 V.S.A. § 495j, all employers — including private employers — are prohibited from asking about criminal history on job applications or before an initial interview. Employers may only inquire about criminal history after the initial interview. This provides meaningful protection for job seekers with records, ensuring they get a chance to make a first impression before their criminal history enters the conversation. Vermont does not have a Clean Slate law. Expungement is available by petition for certain offenses, and Vermont has expanded expungement eligibility in recent years. Dismissed charges, acquittals, and certain qualifying convictions can be expunged by filing a petition with the court.

How Far Back Does a Background Check Go in Vermont?

Record Type	Rule in Vermont
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions can be reported indefinitely under FCRA defaults. Vermont has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Vermont does not impose a stricter limit, but arrests resulting in dismissal or acquittal may be eligible for expungement.
Pending Cases	Pending charges can be reported and considered by employers. The ban-the-box law delays when employers can ask, but does not prohibit consideration of pending cases after the initial interview.

Ban the Box / Fair Chance

Yes — covers private employers

Vermont's Fair Employment Practices Act (21 V.S.A. § 495j) prohibits all employers — public and private — from asking about criminal history on job applications or before an initial interview. Employers may only inquire about criminal history after the applicant has had an initial interview. This is one of the strongest ban-the-box laws in the nation because it covers all private employers without a minimum employee count. There are limited exceptions for positions where criminal history checks are required by law.

Effective: 2017-07-01

Clean Slate / Auto-Sealing

No Clean Slate law

Vermont does not have a Clean Slate law providing automatic record sealing or expungement. All record clearing requires filing a petition with the court. Vermont has expanded expungement eligibility through legislative amendments in recent years. Expungement is available for dismissed charges, acquittals, and certain qualifying convictions by petition under 13 V.S.A. § 7601 et seq.

What Employers Can Do in Vermont

When can employers ask about criminal history?: Under Vermont's ban-the-box law (21 V.S.A. § 495j), all employers must wait until after an initial interview before asking about criminal history. Criminal history questions on job applications are prohibited. After the initial interview, employers may ask about and consider criminal history.
What can they consider?: After the initial interview, Vermont employers can consider criminal history in hiring decisions. There is no state law mandating individualized assessment, but the delayed inquiry framework ensures applicants are evaluated on qualifications first. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and relevance to the position.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Vermont

21 V.S.A. § 495j (Ban-the-Box — Fair Employment Practices)(2017)
Prohibits all employers in Vermont from asking about criminal history on job applications or before an initial interview. Criminal history inquiries can only be made after the initial interview. Covers all public and private employers.
13 V.S.A. § 7601 et seq. (Expungement of Criminal Records)
Provides for expungement of criminal records by petition. Covers dismissed charges, acquittals, and certain qualifying convictions. Vermont has expanded eligibility in recent years to include more offenses.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — Vermont

How far back does a background check go in Vermont?: Vermont has no state limit on how far back criminal convictions can be reported. Under the FCRA, convictions can appear indefinitely. Arrests that did not lead to conviction are limited to 7 years under federal law. A decades-old conviction will still appear on a Vermont background check unless it has been expunged.
Does Vermont have ban-the-box?: Yes, and it is one of the strongest in the country. Under 21 V.S.A. § 495j, all employers in Vermont — including private employers of any size — are prohibited from asking about criminal history on job applications or before the initial interview. This means you get a chance to make a first impression and demonstrate your qualifications before your criminal history comes up.
When can a Vermont employer ask about my criminal record?: A Vermont employer can only ask about your criminal record after you have had an initial interview. They cannot include criminal history questions on the job application, and they cannot ask about it during any pre-interview screening. After the initial interview, the employer may conduct a background check and ask about criminal history.
Can I get my record expunged in Vermont?: Yes, Vermont allows expungement by petition for certain offenses under 13 V.S.A. § 7601 et seq. Eligible records include dismissed charges, acquittals, and certain qualifying convictions. Vermont has expanded expungement eligibility in recent years. The process requires filing a petition with the court. Not all convictions are eligible — serious violent felonies and sex offenses are generally excluded.
Does Vermont have a Clean Slate law?: No. Vermont does not have automatic record sealing or a Clean Slate law. All record clearing requires filing a petition with the court. However, Vermont's strong ban-the-box law provides significant protection by ensuring employers cannot ask about criminal history until after the initial interview.
Can a Vermont employer refuse to hire me because of an old conviction?: After the initial interview, a Vermont employer can consider criminal history in hiring decisions, including old convictions. Vermont does not have a state law mandating individualized assessment. However, the ban-the-box requirement ensures you have an opportunity to demonstrate your qualifications first. Federal EEOC guidance also recommends employers consider the relevance and age of the conviction.
What happens if a Vermont employer asks about my criminal record on the application?: If a Vermont employer includes criminal history questions on a job application or asks about it before the initial interview, they are violating 21 V.S.A. § 495j. You can file a complaint with the Vermont Attorney General's office or the Vermont Human Rights Commission. The law is enforceable, and employers who violate it may face penalties.
Will a dismissed charge show up on a Vermont background check?: A dismissed charge may appear on a background check unless you have petitioned for expungement under 13 V.S.A. § 7601 et seq. Once expunged, the record should not appear on standard background checks. If you have dismissed charges, pursuing expungement is recommended.

Vermont Resources

Vermont Crime Information Center (VCIC) — Criminal Records
The state agency that maintains criminal history records. You can request your own criminal history record here.
Vermont Legal Aid
Provides free legal assistance to low-income Vermonters, including help with expungement petitions and employment rights.
Vermont Attorney General — Fair Employment Practices
Information about Vermont employment laws, including ban-the-box requirements. File complaints about employer violations here.
Vermont Department of Labor — Reentry Resources
Employment resources and workforce programs for people with criminal records in Vermont.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Vermont for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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