An Employer’s Guide to Vermont Background Checks

Several tools are needed to build a highly qualified workforce. Background checks are one of them, helping employers make informed hiring decisions by digging into an applicant’s history to evaluate their suitability for the role in question.

Screenings provide valuable information about a potential hire’s criminal, educational, and employment history. Employers must familiarize themselves with the screening process and the applicable laws before implementing a background check program.

This guide details everything you need to know about Vermont background checks: what they include, how far back they go, how soon they yield results, and what regulations affect them.

What Is a Vermont Background Check?

A Vermont background check investigates an individual’s history. Employers implement these screenings to verify an applicant’s identity and study information relevant to the position, such as criminal, civil, and educational history.

Employers typically conduct background checks before hiring a new employee to ensure they make the ideal choice. These checks include several searches that confirm an applicant is who they claim to be and evaluate their credentials. These screenings highlight a candidate’s qualifications and provide valuable details beyond what is provided by a résumé.

Employers also use background checks within their organization, and more extensive searches are conducted based on the scope of the role. For instance, managerial roles require more responsibility than entry-level positions, so managerial candidates undergo more thorough examinations.

Caring positions, such as EMS personnel, caregivers, and first responders, also require extensive screening to fill. Positions working with vulnerable communities, such as children or the elderly, must be thoroughly vetted to protect those populations.

An exhaustive screening program encourages a safe work environment, reduces risk, and sustains a company’s reputation. Vermont employers must perform the appropriate searches for the given roles within their industry to hire suitable personnel. Common search types include criminal and civil history, education and identity verification, and pre-employment drug testing.

What Shows up on a Vermont Background Check?

Vermont background checks show information pertaining to the type of search conducted. Search types include criminal and civil records checks, education and employment verification, and Social Security number traces.

• Criminal History: Criminal history searches show details of a candidate’s pending criminal cases and convictions, including offense date, type, and severity. A criminal record doesn’t necessarily rule out employment, but can influence employers’ decisions.
• Civil Court Check: Civil court checks reveal an applicant’s lawsuits, foreclosures, restraining orders, and other civil matters. Employers often use these screenings to fill financial and managerial roles.
• Education Verification: Education verification affirms a candidate’s past schools, including institution names, addresses, contact information, attendance dates, and certificates awarded. These screenings reveal an applicant’s honesty about their education.
• Employment Verification: Employment verification confirms a candidate’s past employers, including their names, addresses, contact information, employment dates, and positions held. These searches may reveal employment gaps or omitted employers.
• Credit Background Check: Credit background checks reveal a candidate’s credit history, including payment history, collection accounts, and bankruptcies. Employers typically use these searches for roles requiring financial responsibility.
• Identity Verification: Identity verification confirms a candidate’s name, address, Social Security number, and birth date. These screenings ensure applicants are who they claim to be and curb identity theft. They reveal if someone used a stolen identity to apply for the position.
• SSN Trace: Social Security number (SSN) traces are searches of a proprietary database containing prior names, addresses, and birth dates linked with the SSN given. These searches develop an address history for the applicant and recognize potential alias names and birth dates. The SSN trace uses non-confidential header information, which is recorded every time an individual uses their SSN, such as for loans, mortgages, utilities, credit cards, etc. These traces are identification tools, not consumer reports, and should not be considered in the hiring decision.
• Professional License Verification: Professional license verification reveals the issue date, license type, expiration date, and validity of a candidate’s professional license. Employers use this search type to fill positions requiring specific credentials. These checks affirm qualifications and prevent negligent hiring claims.
• Motor Vehicle Records Check: Motor vehicle records (MVR) checks show a candidate’s driver’s license information, traffic violations, and points or suspensions. Employers use these searches to fill roles requiring vehicle operation. They reveal a candidate’s driving record and ensure they are qualified and insurable.
• Sex Offender Registry Check: Sex offender registry searches disclose if a candidate is a registered sex offender at the time of the check. These searches include the offender’s aliases, address, conviction state, and physical features. Employers conduct these searches to fill positions working with vulnerable populations, such as children.
• Pre-Employment Drug Test: Employers conduct pre-employment drug testing to promote a safe workplace. These tests typically consist of a 5-panel drug test that detects amphetamines, cocaine, opiates, PCP, and THC in the candidate’s urine. These screenings reveal the individual’s recent drug use. They cannot show if they have or will abuse substances.
• Social Media Check: Social media checks examine an individual’s behavior outside of a work environment. While not often included in screening programs, employers may conduct these checks for a more relaxed view of candidates.

How Far Back Can a Background Check Go in Vermont?

According to the Fair Credit Reporting Act (FCRA) guidelines, background checks may extend seven years into an applicant’s history for civil lawsuits, judgments, liens, collection accounts, and arrests. Bankruptcies cannot be reported after ten years.

The seven-year timeframe only applies to positions offering less than $75,000 a year. For positions offering greater salaries, employers can view reports since the candidate turned eighteen. Employment, education, and professional license records can always be accessed.

How Long Does a Vermont Background Check Take?

A background check’s turnaround time depends on the type and extent of a search. For example, a federal criminal history check may take a day to yield results, while a more thorough search through state and county levels may take a few days.

Performing background checks yourself can significantly extend the process. Although online databases can be accessed relatively easily, reaching out to past employers, paging through court records, and cross-referencing information can be very time-consuming for your HR team.

Streamline the screening process with a qualified consumer reporting agency. ScoutLogic provides an extensive background check program that produces efficient and accurate results while adhering to legal requirements.

Criminal History Checks

The time it takes for criminal history checks to yield results depends on the extent of the search and the jurisdictions involved. Federal-level checks may be completed in a day, but employers often include state and county-level searches for a more thorough and up-to-date view of a candidate’s history. These searches can take several days to complete.

Multiple jurisdictions and international searches can further delay the process. Record digitization and court efficiency also influence turnaround times.

Employment Verification

Employment verification can yield results in minutes if the applicant’s employment history is stored on The Work Number. Otherwise, the process generally takes 1 to 3 business days to manually verify information. Turnaround times rely on a past employer’s urgency to respond, the extent of the applicant’s work history, and whether international employment is involved.

Education Verification

Education verification result times range from a few minutes to a few days. Information stored in the National Student Clearinghouse can be accessed within minutes, but records that haven’t been digitized must be obtained directly from the applicant’s past institutions. Contacting past institutions and verifying information can take a few days, depending on the institution’s response times.

Motor Vehicle Records Check

MVR checks can be completed within minutes if the records are available online. If they are not, employers must submit an MVR check request through a government agency. This process can take weeks because it is submitted by mail. The Vermont Department of Motor Vehicles offers online driving records requests.

Drug Testing

Drug test turnaround times depend on the test type administered and the lab’s processing times. Rapid tests can provide results within a few hours, but more thorough tests take one to three business days to return results. In addition, a positive drug test result typically requires the administration of a second test, further elongating the process.

Vermont Background Check Laws & Requirements

Federal, state, and county laws influence how Vermont employers handle background checks. Some employers must conduct screenings by law, while others do so to maintain a safe and efficient organization. Vermont employers must be familiar with the applicable laws and regulations before implementing a background check program.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) applies to credit reporting agencies (CRAs) reporting information for employment background checks. Enforced by the Federal Trade Commission (FTC), this federal law safeguards consumer privacy by restricting the information reported by CRAs.

Under the FCRA, CRAs cannot include protected information in background check reports for jobs offering below $75,000 a year. Protected information includes arrests without convictions, civil lawsuits, liens, and judgments older than seven years. Bankruptcies older than ten years cannot be reported. These restrictions do not apply to jobs offering more than $75,000 a year.

CRAs are permitted to report all other information about a potential hire. Vermont employers partnering with a third party to conduct background checks must follow FCRA guidelines. Employers must notify applicants of their intent to conduct a screening and receive their consent.

The FTC also advises employers on handling negative information found on a background check. Employers must perform the adverse action steps and provide applicants with their FCRA rights before refusing employment based on the screening results.

Title VII of the Civil Rights Act of 1964

Title VII prevents discrimination against applicants based on race, color, sex, religion, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces this federal law and guides employers on handling arrest and conviction information reported on background checks.

According to EEOC guidelines, employers must assess criminal records individually and determine their relation to the job description before refusing employment based on screening results.

Vermont Fair Credit Reporting Statutes

Under Title 9 Vermont Statutes Annotated § 2480e, employers must obtain written consent from candidates before CRA can conduct a background check. CRAs must implement reasonable procedures to ensure maximum compliance with 9 V.S.A. § 2480e.

Under Title 9 Vermont Statutes Annotated § 2480b, CRAs must disclose all the information gathered on an individual at the time of their request. CRAs must also disclose the names of those requesting the individual’s information during the prior 12-month period and the date of each request.

Dissemination of Criminal Conviction Records to the Public

Under Title 20 Vermont Statutes Annotated § 2056c, employers cannot ask applicants to obtain or pay for a copy of their criminal conviction record.

Vermont Fair Employment Practices Statutes

Under Title 21 Vermont Statutes Annotated § 495j, employers cannot request an applicant’s criminal history on the initial application. They can request this information during an interview or once the applicant has been deemed qualified for the position.

Under Title 21 Vermont Statutes Annotated § 495i, employers cannot ask about a current or potential employee’s credit record. They cannot refuse employment or terminate current employment based on credit history.

Under Title 21 Vermont Statutes Annotated § 495l, employers cannot ask for an applicant’s or employee’s social media passwords or account information. Nor can they ask for an individual to turn over their unlocked device or access their social media accounts in their presence.

Under Title 21 Vermont Statutes Annotated § 495m, employers cannot ask about an applicant’s salary history, require their current or former salary to meet a minimum or maximum, or determine to interview an applicant based on their former salary.

Vermont Conditions For Employment Statutes

Under Title 21 Vermont Statutes Annotated § 301, employers cannot require an applicant to pay for a medical examination as a condition for employment.

Vermont Polygraph Protection Act Statutes

Under Title 21 Vermont Statutes Annotated § 494a, employers cannot require an applicant or employee to take a polygraph exam as a condition of employment. The Department of Public Safety, the Department of Motor Vehicles, the Department of Fish and Wildlife, the Department of Liquor and Lottery, and law enforcement agencies are exempt and may require polygraph testing.

Vermont Drug Testing Statutes

Under Title 21 Vermont Statutes Annotated § 512, employers cannot ask applicants to submit to a pre-employment drug test until a conditional offer of employment has been made. They must also provide a list of the drugs to be tested.

Vermont Reports of Abuse of Vulnerable Adults Statutes

Under Title 33 Vermont Statutes Annotated § 6914, employers that serve vulnerable adults may obtain an applicant’s criminal conviction records from the Vermont Crime Information Center if they have deemed it necessary to protect the vulnerable population.

Expungement and Sealing of Criminal History Records

Under Title 13 Vermont Statutes Annotated § 7606, expunged criminal records cannot be reported. Employers cannot ask about expunged records, and candidates are not required to disclose them.

Under Title 13 Vermont Statutes Annotated § 7609, the criminal records of an individual who was 18 to 21 at the time of committing a qualifying crime will be expunged 30 days after they complete their sentence.

Accurate Background Checks Build Safer, Smarter Workforces

Background checks ensure you onboard the ideal person for the job, but can be tedious. Conducting these checks can bring challenges, from knowing which searches to include to what laws to abide by. Teaming up with a reputable background check company can help gather top-quality results while adhering to the appropriate laws and regulations.

ScoutLogic simplifies the background check process with our efficient and accurate results. Our screening services cover all your needs and provide essential information to help you hire qualified personnel and maintain compliance. Learn about our background check services and contact us today.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.