When can an employer do a criminal background check on an applicant?
The National Child Protection Act of 1993, as amended,[14] in conjunction with Vermont law,[15] provides that any business or organization that provides care, treatment, education, training, instruction, supervision or recreation to children, the elderly, or individuals with disabilities may obtain from the Vermont Criminal Information Center (VCIC) a national criminal record on any applicant. To obtain the record, an employer must: 1) file a users agreement with VCIC; 2) have the applicant fill out and sign VCICs written authorization release form, and; 3) make a conditional offer of employment to the applicant, conditional on the record check. No other employer is allowed to access the database, and there are penalties for misuse. Although only employers who meet the conditions above can access the national criminal information databank, criminal convictions are public records and can also be obtained directly from a court. The Equal Employment Opportunity Commission has taken the po
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