2005 Vermont Code - § 2056c. — Dissemination of criminal history records to employers

§ 2056c. Dissemination of criminal history records to employers

(a) As used in this section:

(1) "Applicant" means an individual seeking or being sought for employment, a volunteer position with an employer, or admission to a course of instruction offered by the Vermont criminal justice training council.

(2) "Criminal conviction record" means the record of convictions in Vermont.

(3) "Employer" means any individual, organization, or governmental body, including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air, or express company or an authorized agent. Authorized agent shall include a person who is licensed under chapter 59 of Title 26 to provide private investigative services.

(4) "The center" means the Vermont criminal information center.

(b)(1) An employer may obtain from the center a criminal conviction record for any applicant who has given written authorization on a release form provided by the center, provided that the employer has filed a user's agreement with the center. The user's agreement shall require the employer to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy. The user's agreement shall be signed and kept current by the employer.

(2) An individual, organization, or governmental body doing business in Vermont which has one or more individuals performing services for it within this state and which is a qualified entity that provides care or services to children, the elderly, or persons with disabilities as defined in 42 U.S.C. § 5119c may obtain from the center an out-of-state criminal conviction record for any applicant who has given written authorization on a release form provided by the center, provided that the employer has filed a user's agreement with the center and complies with all other provisions of this section.

(c)(1) The employer may obtain a criminal conviction record only:

(A) after the applicant has been given an offer of employment conditioned on the record check;

(B) after a volunteer has been offered a position conditioned on the record check.

(2) The Vermont criminal justice training council may obtain a criminal conviction record only after an applicant has been accepted into a course of instruction offered by the Vermont criminal justice training council conditioned on the record check.

(3) An organization that receives a criminal conviction record pursuant to this section shall provide a free copy of such record to the record subject within ten days of receipt of the record.

(4) An organization entitled to receive a criminal conviction record pursuant to this section shall not require an applicant to obtain or submit personally a copy of his or her criminal conviction record for purposes of employment or acceptance into a course offered by the Vermont criminal justice training council.

(d)(1) Employers shall be provided with informational material by the center prior to authorization to request criminal conviction records. The materials shall address the following topics:

(A) Requirements of the user agreement.

(B) How to obtain criminal conviction records from the center.

(C) How to interpret criminal conviction records.

(D) How to obtain source documents summarized in the criminal conviction records.

(E) Misuse of criminal conviction records.

(2) Employers shall certify on the user agreement that they have read and understood the materials prior to receiving authorization to request records from the center.

(e) The release form shall contain the applicant's name, signature, date of birth, place of birth, and the signature as attested to by a notary public. The release form shall state that the applicant has the right to appeal the findings to the center, pursuant to rules adopted by the commissioner of public safety.

(f)(1) Except as otherwise authorized by this chapter, no person shall confirm the existence or nonexistence of criminal conviction record information or disclose the contents of a criminal conviction record without the record subject's permission to any person other than the applicant and properly designated employees of the employer who have a documented need to know the contents of the record.

(2) An employer who receives criminal conviction records pursuant to this section shall maintain a confidential log of all record requests as specified by the center. The employer shall confidentially retain records relating to requests for criminal conviction records for a period of three years. At the end of the retention period, if logs and records are to be destroyed, they shall be shredded.

(g) A person who violates subsection (f) of this section shall be assessed a civil penalty of not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. The office of the attorney general shall have authority to enforce this section.

(h) The center shall provide notice of the penalty for unauthorized disclosure on a form accompanying any report of a criminal conviction record to an employer. The notice shall include, in boldface print, the following statements: THE REQUESTOR AGREES TO USE CRIMINAL CONVICTION RECORD INFORMATION RECEIVED FROM THE VERMONT CRIMINAL INFORMATION CENTER FOR THE PURPOSES INTENDED BY LAW. THE REQUESTOR AGREES NOT TO DISCLOSE THE CONTENTS OF ANY CRIMINAL CONVICTION RECORD WITHOUT THE APPLICANT'S PERMISSION TO ANY PERSON OTHER THAN THE APPLICANT AND PROPERLY DESIGNATED EMPLOYEES WHO HAVE A DOCUMENTED NEED TO KNOW THE CONTENTS OF THE RECORD. A VIOLATION MAY RESULT IN A CIVIL PENALTY OF UP TO $5,000.00. EACH UNAUTHORIZED DISCLOSURE SHALL CONSTITUTE A SEPARATE CIVIL VIOLATION.

(i) Nothing in this section shall create a statutory duty for an employer to perform a criminal conviction record check on every job applicant hired by the employer. An employer's failure to obtain a criminal conviction record on an employee who subsequently commits a criminal offense shall not be the sole factor in determining civil or criminal liability unless otherwise authorized by law. (Added 1999, No. 151 (Adj. Sess.), § 7; amended 2005, No. 169 (Adj. Sess.), § 2.)