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Conducting Criminal Record Checks in Vermont

Filed under Office & HR.

Employers in Vermont are permitted or required to conduct criminal record checks in accordance with these rules.

In Vermont, criminal record and substantiated reports of child abuse record checks may be requested by owners or operators of certain licensed facilities for current employees and, after conditional job offers have been made, for prospective employees.

The commissioner of education may obtain the conviction records of any person applying for an initial license as a professional educator and a superintendent or headmaster of an independent school may conduct a record check on applicants for headmaster positions.

Employers that are entitled to obtain information must inform current or prospective employees that they have the right to appeal the accuracy and completeness of the record.

Employers providing services to vulnerable classes; children, the elderly, or persons with disabilities, or secondary schools with student residential facilities, may obtain from the Vermont crime information center a Vermont criminal record and an out-of-state criminal record for any applicant who has given written authorization on a release form provided by the center. Employers must file user agreements with the center. Employers must make an offer of employment conditioned on the record check before they can obtain the criminal record check.

The owner or operator of a facility or program licensed, registered, or otherwise regulated by the state may request the criminal record and the record child abuse and neglect registry record of the following individuals:

  • a current employee
  • a person to whom the owner or operator has given a conditional offer of employment
  • any other person to the extent that such information is necessary to regulate a facility or program

Employer Requirements for Prospective or Former Employee Disclosures

An employee whose job duties may put the person in a position of power, authority, or supervision over or permit unsupervised contact with a minor or vulnerable adult must sign a pre-employment waiver authorizing the disclosure of job-related information from current and former employers to prospective employers. Prospective employers must request in writing, and current and former employers must promptly disclose, all factual information that would lead a reasonable person to conclude that the prospective employee engaged in conduct jeopardizing the safety of a minor or vulnerable adult.

Current and former employers are also to provide a copy of the disclosure or a statment that there is nothing to disclose to both the prospective employer and employee. Affected employees are to be given the opportunity to review and respond to the information.

Vermont has ratified the National Crime Prevention and Privacy Compact.

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