Vermont Ban the Box Law for Employers: 2026 Guide

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Quick answer: Vermont's ban the box law, 21 V.S.A. § 495j, prohibits employers from requesting criminal history record information on an initial employment application. Employers may ask about it later, during an interview or once the applicant is otherwise qualified. Reveal Background runs FCRA-compliant checks at that later stage.

• Remove criminal history questions from the first application form, including checkboxes and attachments.
• Screen only after the interview stage or once the applicant is otherwise qualified, and only with written disclosure and authorization.
• Follow the FCRA pre-adverse and adverse action steps before rejecting anyone based on a report.

What does Vermont's ban the box law require?

Vermont's statute is 21 V.S.A. § 495j. It bars employers from requesting criminal history record information on an initial employment application. The law applies to private employers in Vermont. Public employers fall under related rules.

Employers may raise criminal history later in the process, during an interview or once the applicant is deemed otherwise qualified. The statute also recognizes exceptions where state or federal law requires or restricts hiring based on a record. Read the current text on the Vermont Legislature website, listed under Sources, before you finalize your process.

When can a Vermont employer run a background check?

You can run a criminal background check after the application stage, once the candidate is in the interview or finalist stage. Many hiring teams wait until a conditional offer. That sequence keeps the first screen of candidates free of record-based decisions and gives you a clean file if a candidate disputes the outcome.

Your own policy should say exactly which stage triggers screening and apply it to every candidate for the same role. Consistency is your best evidence in a complaint.

What a typical search covers

Reveal Background reports can include national criminal database, county criminal, federal criminal, sex-offender registry, SSN trace, motor vehicle records (MVR), and employment and education verification. Most searches return same-day results, though court-dependent county searches can take longer. There is no setup fee, and you pay per report.

Which rules apply at each hiring stage?

Vermont ban the box and FCRA requirements by hiring stage

Stage	Can you ask about or screen criminal history?	What you must do
Job posting and initial application	No	Remove record questions from forms and the posting
Interview or otherwise-qualified stage	Yes, you may inquire	Ask the same questions of every finalist for the role
Before ordering a report	Yes, with consent	Give a stand-alone FCRA disclosure and get written authorization
Record found, you may reject	Yes, with process	Send a pre-adverse action notice with a copy of the report and the FTC summary of rights
Final decision	Yes, after a waiting period	Send an adverse action notice with the required FCRA contents

What FCRA steps still apply in Vermont?

The Fair Credit Reporting Act (15 U.S.C. 1681) governs any background report from a screening company. Per the FTC page "Using Consumer Reports: What Employers Need to Know," you must give a clear written disclosure in a stand-alone document and get the applicant's written permission before the check.

If you may take adverse action, you must first give the applicant a copy of the report and the summary of rights. Allow a reasonable time to dispute errors, commonly about five business days, then send the final notice. Your counsel can confirm the timing that fits your business.

How do the seven-year and EEOC rules affect a Vermont decision?

Under FCRA section 605, reports generally cannot include arrests that did not lead to conviction once they are more than seven years old. Convictions can be reported without that limit, and an exemption applies to jobs with an expected salary of $75,000 or more. Consult counsel on how this interacts with state law.

The EEOC's guidance on arrest and conviction records says employers should consider the nature of the offense, the time since it occurred, and the job's duties. A blanket exclusion of anyone with a record can create disparate-impact risk under Title VII. A written, role-based review is safer.

Vermont ban the box compliance checklist

• Delete criminal history questions from online and paper applications.
• Check job ads and third-party job board forms for the same questions.
• Define the stage at which screening begins and document it.
• Use a stand-alone FCRA disclosure and written authorization.
• Match each search type to the job: MVR for drivers, education verification for credentialed roles.
• Run an individualized review of any record against the job's duties.
• Send pre-adverse and adverse action notices with the required enclosures.
• Retain screening files securely and train hiring managers yearly.

How do you set this up with Reveal Background?

Create an account at Reveal Background's employer screening platform, choose the searches that fit each role, and send the candidate's disclosure and authorization after your chosen stage. If the role also needs a drug screen, we coordinate testing through American Screening Corp, so one team handles both.

Frequently asked questions

Does Vermont ban the box apply to private employers?

Yes. 21 V.S.A. § 495j restricts employers from requesting criminal history on an initial application. Confirm how it applies to public employers and any role covered by a legal exception.

Can I run a background check before an interview in Vermont?

The law targets requests on the initial application and allows inquiry once an applicant is interviewed or otherwise qualified. Wait until that stage and follow your written policy to stay safe.

Do I still need FCRA consent in Vermont?

Yes. Federal law requires a stand-alone disclosure and written authorization before any report from a screening company, whatever the state rules say.

Can I reject a Vermont candidate for a conviction?

Possibly, if the record relates to the job and you follow an individualized review. You must complete the FCRA pre-adverse and adverse action steps first. Consult counsel on adverse action.

Sources

• Vermont Legislature: 21 V.S.A. § 495j, Criminal history record information
• EEOC: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions
• FTC: Using Consumer Reports: What Employers Need to Know

This article is general information, not legal advice; consult counsel on adverse action and Vermont-specific obligations.