Burlington Background Checks: An Employer’s Guide [2025]

Pre-employment background checks help businesses in Burlington, Vermont verify candidates’ qualifications, trustworthiness, and overall suitability, leading to more informed hiring decisions.

At iprospectcheck, we conduct background checks for employers throughout the state of Vermont.

This guide provides detailed information about background checks in Burlington, specifically, including applicable laws and steps to ensure compliance.

What is a Burlington Employment Background Check?

An employment background check in Burlington investigates a candidate’s credentials, education, employment history, criminal record, and other details so employers can assess their experience, suitability, qualifications, and safety.

Why Do Local Employers Conduct Background Checks?

1. Promote a Safe Work Environment

Burlington employers must protect the safety of their employees, vendors, and customers.

Employment background checks help employers identify candidates who might present a potential safety risk if hired.

2. Ensure Fairness in Hiring

Uniform and consistent employment background checks tailored to specific job levels help to reduce unconscious bias and ensure all candidates receive fair treatment during the hiring process.

3. Meet Regulatory Requirements

Employers operating in certain regulated industries must comply with state or federal laws that require them to complete specific background checks on volunteers, applicants, and employees.

For example, companies regulated by the U.S. Department of Transportation (DOT) must complete DOT physicals, DOT drug tests, and DOT-compliant background checks on all applicants for safety-sensitive jobs.

Similarly, companies that provide services to Vermont’s vulnerable populations, including children, the disabled, and the elderly, must complete adult abuse registry checks on prospective volunteers and employees.

4. Reduce Negligent Hiring Risks

If an employer fails to investigate an employee’s background pre-hire who subsequently causes serious injuries to another person, the employer can face negligent hiring liability when they would have learned about the safety risks posed by the employee through a background check.

Completing pre-employment background checks helps employers identify candidates with problematic backgrounds who could endanger others while working.

5. Build Client Trust

Many employers in Burlington must handle the sensitive information of clients and customers and are expected to manage it with a high degree of security and confidentiality.

By implementing an in-depth background check policy, your company can reassure clients that your employees will handle their information responsibly.

What Information Appears on a Burlington Background Check?

What might appear on a background check depends on what searches you request.

Many Burlington employers commonly request the following reports:

Criminal History

If a candidate has a criminal conviction or pending case, a criminal history check discloses the following information:

• Criminal case number
• Date of the offense
• Type of offense
• Severity level (misdemeanor/felony)
• Case disposition
• Date of disposition
• Sentence (if available)

Your company should avoid a policy to automatically disqualify candidates with convictions.

Instead, individually assess convictions as they relate to the position for which the applicant has applied and workplace safety concerns before deciding not to hire them based on that information.

Consumer reporting agencies (CRAs) can’t report expunged criminal records on background checks.

Employment Verification

Employment verification reveals details about an applicant’s prior jobs, including:

• Employers’ names and addresses
• Employment periods with each employer
• Job titles and roles held

Verifying an applicant’s past employment enables employers to identify gaps in employment, validate claimed experience, and confirm the information provided on the resume and in interviews.

Education Verification

Education verification reveals the following information:

• Schools’ names and addresses
• Dates of attendance
• Degree or diploma earned, if any

This check allows employers to confirm that applicants have the required educational qualifications for the position and have been honest.

Professional License Verification

Professional license verification shows the following details about an applicant’s credentials:

• License validity
• License number
• Issuing organization
• Type of license
• Issuance and expiration dates
• Revocations or suspensions
• Other public sanctions

Verifying professional credentials ensures that the applicant holds the necessary certification or license for the position.

Identity Verification

An Identity Verification Report  shows the following information about the candidate:

• Names associated with the applicant
• Date of birth
• Address history

Identity verification is a preliminary step completed by CRAs to uncover other areas that might need to be searched and confirm that the records found belong to the individual instead of someone else.

Motor Vehicle Records (MVR) Check

Employers who hire drivers typically request MVR checks, which provide the following details:

• License status
• License number
• Full legal name of the license holder
• Address on file
• License issuance and expiration dates
• Driving infractions
• Major traffic crimes
• License revocations or suspensions

MVR checks allow Vermont employers to verify their drivers’ safety records and insurability.

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a consumer privacy law enforced by the Federal Trade Commission (FTC).

This law protects consumers’ privacy in the information CRAs collect and report to third parties, including employers during background checks.

Under the FCRA’s seven-year rule, CRAs can’t report certain information to employers for jobs with annual salaries under $75,000, including:

• Arrests without convictions
• Paid tax liens
• Civil lawsuits and judgments
• Chapter 13 bankruptcies (10-year reporting limit for Chapter 7)
• Debt collection records

While this rule doesn’t restrict CRAs from reporting convictions, Vermont’s expungement laws might.

The FCRA also applies to employers that partner with CRAs to perform background checks.

Employers must notify applicants that they conduct background checks on a separate form and must obtain their signed consent before initiating a check.

When an employer decides not to hire a candidate because of information learned in a background check, they must complete the adverse action steps before making a final adverse hiring decision.

Fair Chance to Compete for Jobs Act (FCA)

The Fair Chance to Compete for Jobs Act (FCA) was signed into law in Dec. 2019 and applies to federal agencies and contractors.

Federal agencies are prohibited from extending contracts to companies that inquire about criminal history before they have extended conditional job offers.

Title VII of the Civil Rights Act of 1964 (Title VII)

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits workplace discrimination against applicants and employees based on their protected characteristics.

This law is enforced by the Equal Employment Opportunity Commission (EEOC), which has issued enforcement guidance on how employers should handle conviction records they learn about in background checks.

Employers should individually assess convictions as they relate to the position for which the applicant is under consideration and workplace safety before basing a decision not to hire the applicant on that information.

State Laws

Vermont Expungement Law

Vermont’s expungement law is found at 13 Vt. Stat. Ann. § 7601 et. seq. and allows individuals with qualifying convictions to petition the court for expungement after five years have passed since they have completed the terms and conditions of their sentences.

Most misdemeanor convictions are eligible for expungement other than stalking, abuse, prostitution, domestic violence crimes, sex offenses, protection order violations, and predicate offenses.

A few felonies are also eligible for expungement, including grand larceny, burglary (other than burglary of an occupied home), unlawful mischief, and fraud or deceit.

Under 13 Vt. Stat. Ann. § 7606, CRAs are prohibited from reporting expunged records, and employers can’t inquire about them or base employment decisions on them.

Social Media Privacy Law

Under 21 Vt. Stat. Ann. § 495l, employers are prohibited from asking applicants and employees for their social media passwords or asking them to open their social media accounts in the employer’s presence.

They also can’t ask applicants and employees to unlock their devices and turn them over.

Salary History Inquiry Ban

Burlington employers can’t ask candidates about their salary history or inquire about this information from former employers under 21 Vt. Stat. Ann. § 495m.

They also can’t base a hiring decision on a candidate’s past salary.

Ban on Polygraph Testing

Most employers in Burlington are prohibited from requiring applicants and employees to submit to polygraph tests as a condition of employment under 21 Vt. Stat. Ann. § 494a.

Certain employers are excluded from this ban, including:

• Law enforcement agencies
• Department of Fish and Wildlife
• Department of Public Safety
• Department of Liquor and Lottery
• Department of Motor Vehicles

Ban on Credit Checks

Most employers in Burlington are prohibited from basing employment decisions on their applicants’ credit histories under 21 Vt. Stat. Ann. § 495i.

This law also prohibits employers from asking about their candidates’ credit records or performing pre-employment credit checks.

However, the following types of employers are excluded from this ban:

• Financial institutions
• Law enforcement agencies
• Employers hiring for positions that require handling sensitive financial information
• Companies required to perform credit checks by federal or state statutes

Consent Requirement

Burlington employers must secure written consent from their applicants and employees before they can conduct background checks under 9 Vt. Stat. Ann. § 2480e.

CRAs must have procedures in place to confirm employers have obtained written consent before conducting background checks.

Notice Requirement

Under 9 Vt. Stat. Ann. § 2480b, individuals have a right to ask for all of the information a CRA has disclosed about them in a background check.

CRAs must notify consumers each time they disclose information about their rights.

Prohibition Against Requiring Payment

Burlington employers are prohibited from asking applicants and employees to pay for their criminal background checks under 20 Vt. Stat. Ann. § 2056c.

Vermont Ban-the-Box Law

Vermont’s ban-the-box law applies to both public and private employers in the state.

This law prohibits employers from asking questions about an applicant’s criminal history on applications and also requires employers to allow applicants to provide explanations when they have criminal convictions.

Employers must wait until after an applicant has had a chance to interview before inquiring about criminal history.

How to Conduct Employment Background Checks in Burlington, VT

1. Develop a Background Check Policy

Before you begin conducting background checks, create a comprehensive policy that outlines all of the procedures HR staff must follow and follows all legal requirements.

Include information about the types of searches performed for positions at different levels of authority.

Ensure your policy provides for uniform checks at each position level to reduce the risk of unconscious bias.

2. Train HR Staff

Train the staff who will conduct background checks to ensure they understand the specific steps they must take before, during, and after the process.

3. Provide Notice and Obtain Consent

To comply with the FCRA, create a standalone notice form to inform applicants and employees that your company conducts background checks.

Before you start a background check, obtain the candidate’s signed consent to comply with both the FCRA and Vermont state law.

4. Choose a Reliable Provider

The quality and reliability of your background checks depend on the partner you choose.

When you partner with a reliable background check provider like iprospectcheck, you can be confident that your reports will be accurate, current, and FCRA-compliant.

Because of our advanced research methods and access to reliable information resources, we can often return background checks to our clients within a matter of hours to a few days.

5. Time Background Checks Appropriately

While Vermont’s ban-the-box law only requires you to wait until after a candidate has had an initial interview to conduct a background check, it makes sense to wait until you have narrowed your search down to a few finalists.

This saves your company time and resources.

If you want to secure federal contracts, wait until after you extend a conditional job offer before conducting criminal background checks to comply with the FCA.

6. Tailor Checks to the Position

Create customized background checks for your available positions. This helps you avoid paying for unnecessary information.

At iprospectcheck, we can help you create tailored searches based on your industry and needs through several packages and add-on searches.

7. Evaluate and Communicate Results

Once you receive the results, carefully assess them.

If you are satisfied, contact the applicant to schedule onboarding and a start date.

When a background check includes concerning information, complete the following steps before making a final decision:

8. Individually Assess Criminal Convictions

If a background check reveals an applicant’s criminal record, evaluate it individually concerning the job’s duties and workplace safety before deciding not to hire them based on the conviction.

9. Follow the Adverse Action Process

If you decide not to hire an applicant because of information contained in a background check, you must complete the FCRA’s adverse action steps:

• Send a pre-adverse notice: Send a notice informing the applicant of potential adverse action. Include the relevant report section with the concerning information highlighted.
• Give a reasonable response time: Give the applicant a reasonable time to respond to the pre-adverse action notice, which is typically five business days. The applicant can provide evidence that the information is wrong or that they have been rehabilitated.
• Send a final adverse notice: If you make a final decision not to hire the applicant, send a final adverse action notice with an explanation and a copy of their FCRA rights.

Trust iprospectcheck for Reliable Background Checks in Burlington, Vermont

Burlington employers need to ensure their new hires are safe, trustworthy, competent, and qualified.

To learn more about our employment background checks and get a free quote, contact us today at 888-509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.