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This year, the Vermont Legislature continued to refine its approach to criminal records, background checks, and fair hiring practices. Vermont’s long standing “Ban the Box” law remains in effect and has been bolstered by the recent passage of Act 60. Together, these laws aim to reduce barriers to employment for individuals with past convictions, while ensuring that employers have access to relevant information at appropriate stages of the hiring process.
Vermont’s “Ban the Box” Law
Vermont enacted its “Ban the Box” legislation in 2016 to encourage fair hiring practices and reduce discrimination against individuals with criminal histories. 21 V.S.A. § 495j(a). Under this law:
- Employers may not ask about criminal history on initial job applications.
The intent is to ensure that applicants are first evaluated on their qualifications, not their past mistakes. - Employers may inquire about criminal history later in the hiring process.
This can occur during an interview or after the applicant has been deemed otherwise qualified for the position. - Applicants must be given the opportunity to explain their circumstances.
If an employer does ask about past convictions, the applicant has the right to provide context or additional information surrounding any offense.
Act 60: Expanded Opportunity for Expungement and Sealing
On July 1, 2025, the Vermont Legislature passed Act 60, which significantly expanded the number of offenses eligible for expungement or sealing. 13 V.S.A. § 7601 et seq. Act 60 applies to selected misdemeanors and felonies once an individual meets the statutory requirements. These tools allow individuals who have met specific criteria to either partially or completely limit public access to their criminal records.
- Expungement:
Expungement results in the complete destruction of records related to an eligible charge. However, expunged records may still appear in federal criminal background checks. - Sealing:
When a criminal record is sealed, it becomes confidential and is no longer viewable to the public, though it still exists in the court system. Sealed records may be used for certain legal or administrative purposes, and, as with expungement, may still appear in federal background checks.
What This Means for Employers
The combined impact of “Ban the Box” and Act 60 creates several important considerations for hiring managers and HR professionals:
- Applicants who qualify under Act 60 for expungement or sealing and have gone through the process of doing so may legally state that they have no criminal record.
If a record is expunged or sealed under the law, an applicant is permitted to answer “no” when asked whether they have been convicted of a crime. - Unauthorized access to or disclosure of sealed records is prohibited.
Attempting to obtain or reveal a sealed record without proper authorization can result in penalties up to $1,000 per occurrence. 13 V.S.A. § 7611. - Employers must be cautious when using third-party background screening services.
Some providers may not yet be fully compliant with Vermont law. Consider reviewing your selected background check providers methods to ensure your business receives only the records that are available to the public.
Moving Forward
As Vermont’s Legislature continues to refine its fair-hiring statutes, it is essential for employers to remain informed and adjust internal policies accordingly. Understanding these changes ensures legal compliance and fosters fair hiring practices based on an applicant’s relevant skills and experience. We understand this changing landscape may generate challenges for your business, Primmer is here to offer support.
