Vermont Is 16th State to Ban Criminal History Box on Job Applications

Author: David B. Weisenfeld, XpertHR Legal Editor

April 27, 2015

Vermont has become the 16th state to ban at least some employers from asking criminal history questions on job applications after Governor Peter Shumlin signed an executive order on April 21. These measures are known as "ban the box" laws, referring to the box on applications that prospective employees are often asked to check off if they have ever been convicted of a crime.

The Vermont "ban the box" law applies to state employers and removes criminal history questions from state job applications. State agencies may still conduct background checks under the law, but only after an applicant has been deemed otherwise qualified for the position. Law enforcement agencies, corrections jobs and other "sensitive positions" are exempt.

Governor Shumlin said, "I would hope that by the state leading by example, that many private employers might adopt the same policy." That statement might soon have much more than hope behind it as the state legislature is considering a "ban the box" bill that would apply to the private sector.

Another Vermont bill is progressing that would expand the state's criminal expungement law. It would allow individuals to seek to have conviction records eliminated after one year instead of the typical 10-year wait, if the conduct is no longer considered a crime. The measure also would allow those who were convicted when they were under 25 years of age to petition to eliminate their convictions in five years, if they have performed community or public service.

Trend Continues

Vermont is the fifth state to have a "ban the box" law take effect in 2015. Virginia and Georgia also recently enacted similar measures through executive orders to remove criminal history questions from most state job applications. Meanwhile, New Jersey and Illinois have gone further with new laws that apply to private employers with 15 or more employees.

Massachusetts, Minnesota, Rhode Island and Hawaii also have "ban the box" laws that extend to most private employers. In addition, more than 100 US cities and counties have eliminated criminal history questions from their initial job applications, either by law or as a matter of policy. These questions generally may still be posed in a job interview or later in the hiring process.

The National Employment Law Project estimates that 70 million adults have arrests or convictions in their past that can make it harder for them to obtain employment. Ban the box laws are designed to prevent qualified, rehabilitated candidates from being automatically locked out of the job market.