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Employers generally must defer inquiries to interviews or after a candidate is deemed otherwise qualified, with exceptions for mandatory or presumptive disqualifications and specific legal obligations. If asked, candidates must be given an opportunity to explain convictions and circumstances, including rehabilitation. Violations carry civil penalties up to $100 per violation, effective July 1, 2017.",{"@graph":63,"@context":123},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":36,"@type":70,"position":76},"https://docshare.wps.com/template/forms/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/no-81-an-act-relating-to-criminal-record-inquiries-by-an-employer-employment-application-limits-and-procedures/283454/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/no-81-an-act-relating-to-criminal-record-inquiries-by-an-employer-employment-application-limits-and-procedures/283454.png","ImageObject",442,249,{"name":88,"@type":89},"Aran","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-28","2026-09-17",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",10,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115,119],{"name":106,"@type":107,"acceptedAnswer":108},"When can an employer request a prospective employee’s criminal history record information?","Question",{"text":109,"@type":110},"Generally, an employer may not request criminal history record information on the initial employee application form. The employer may inquire during an interview or after the prospective employee has been deemed otherwise qualified, subject to the act’s exceptions.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What exception allows criminal convictions to be asked on the initial application form?",{"text":114,"@type":110},"An employer may inquire on the initial application form when federal or State law requires or creates a presumptive disqualification based on certain convictions, or when the employer or an affiliate has a federal or State obligation not to employ individuals with certain convictions, and the application questions are limited to the relevant offense types.",{"name":116,"@type":107,"acceptedAnswer":117},"What must happen if an employer inquires and the candidate is still eligible?",{"text":118,"@type":110},"If the prospective employee remains eligible under applicable federal or State law, the prospective employee must be afforded an opportunity to explain the information and the circumstances of any convictions, including postconviction rehabilitation.",{"name":120,"@type":107,"acceptedAnswer":121},"What penalties and effective date apply?",{"text":122,"@type":110},"An employer who violates the section faces a civil penalty of up to $100.00 for each violation. The act takes effect on July 1, 2017.","https://schema.org",{"og:url":78,"og:type":125,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":127,"canonical":78},"index,follow",{"doc_id":129,"site_id":56},283454,1790130481,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":88,"user_avatar":134,"doc_module":9,"category_id":35,"category_name":36,"doc_title":59,"doc_description":61,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":76,"language":140,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":61,"update_tm":144,"read_time":9},137455076865,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","No. 81 Page 1 of 3  \n2016  \nNo. 81. An act relating to criminal record inquiries by an employer.  \n(H.261)  \nIt is hereby enacted by the General Assembly of the State of Vermont:  \nSec. 1. 21 V.S.A. § 495j is added to read:  \n§ 495j. CRIMINAL HISTORY RECORDS; EMPLOYMENT APPLICATIONS  \n(a) Except as provided in subsection (b) of this section, an employer shall not request criminal history record information on its initial employee application form. An employer may inquire about a prospective employee ’s criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position.  \n(b)(1) An employer may inquire about criminal convictions on an initial employee application form if the following conditions are met:  \n(A)(i) the prospective employee is applying for a position for which any federal or State law or regulation creates a mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or  \n(ii) the employer or an affiliate of the employer is subject to an obligation imposed by any federal or State law or regulation not to employ an individual, in either one or more positions, who has been convicted of one or more types of criminal offenses; and  \nVT LEG \\#316788 v.1  \nNo. 81 Page 2 of 3  \n2016  \n(B) the questions on the application form are limited to the types of criminal offenses creating the disqualification or obligation.  \n(2) An employer shall be permitted to inquire about criminal convictionson an initial employee application form pursuant to subdivision (1) of this subsection even if the federal or State law or regulation creating an obligation for the employer or its affiliate not to employ an individual who has been convicted of one or more types of criminal offenses also permits the employer or its affiliate to obtain a waiver that would allow the employer or its affiliate to employ such an individual.  \n(c) If an employer inquires about a prospective employee ’s criminal history record information, the prospective employee, if still eligible for the position under applicable federal or State law, must be afforded an opportunity to explain the information and the circumstances regarding any convictions, including postconviction rehabilitation.  \n(d) An employer who violates the provisions of this section shall be assessed a civil penalty of up to $100.00 for each violation.  \n(e) As used in this section:  \n(1) “Criminal history record” has the same meaning as set forth in  \n20 V.S.A. § 2056a.  \n(2) “Employee” has the same meaning as set forth in section 495d of this chapter.  \nVT LEG \\#316788 v.1  \nNo. 81 Page 3 of 3  \n2016  \n(3) “Employer” has the same meaning as set forth in section 495d of this chapter.  \nSec. 2. EFFECTIVE DATE  \nThis act shall take effect on July 1, 2017.  \nDate Governor signed bill: May 3, 2016  \nVT LEG \\#316788 v.1","cbCaioZ3ZiAxi82o","https://ap.wps.com/l/cbCaioZ3ZiAxi82o","pdf",27346,"English","# Sec. 1. 21 V.S.A. § 495j is added to read\n## Criminal history records; employment applications\n# Sec. 2. EFFECTIVE DATE","[{\"question\":\"When can an employer request a prospective employee’s criminal history record information?\",\"answer\":\"Generally, an employer may not request criminal history record information on the initial employee application form. The employer may inquire during an interview or after the prospective employee has been deemed otherwise qualified, subject to the act’s exceptions.\"},{\"question\":\"What exception allows criminal convictions to be asked on the initial application form?\",\"answer\":\"An employer may inquire on the initial application form when federal or State law requires or creates a presumptive disqualification based on certain convictions, or when the employer or an affiliate has a federal or State obligation not to employ individuals with certain convictions, and the application questions are limited to the relevant offense types.\"},{\"question\":\"What must happen if an employer inquires and the candidate is still eligible?\",\"answer\":\"If the prospective employee remains eligible under applicable federal or State law, the prospective employee must be afforded an opportunity to explain the information and the circumstances of any convictions, including postconviction rehabilitation.\"},{\"question\":\"What penalties and effective date apply?\",\"answer\":\"An employer who violates the section faces a civil penalty of up to $100.00 for each violation. The act takes effect on July 1, 2017.\"}]","No. 81 - An act relating to criminal record inquiries by an employer - Employment application limits and procedures | PDF",1789607485]