Vermont Expungement and Professional License

The Licensing Exception to Sealing

Sealing a criminal record in Vermont removes it from public databases and standard background checks. Employers can't see it. Landlords can't find it. You can legally deny it on most applications. But professional licensing boards operate under different rules — and misunderstanding those rules can cost you a license.

Under Act 60's regulatory exemptions, specific state licensing boards retain statutory authority to access sealed criminal records during the credentialing process. This means that even after your record is sealed, certain boards can still see it when you apply for or renew a professional license.

Which Boards Can Access Sealed Records

Vermont doesn't publish a single master list of every board with access to sealed records. The access authority comes from individual statutory provisions governing specific professions. The boards most commonly affected include:

Healthcare licensing. Vermont healthcare licensing boards may conduct criminal background checks as part of initial licensing and renewal. State licensing boards in healthcare fields may have statutory authority to access sealed records.

Education licensing. Education licensing authorities may conduct background checks for teacher certification and school employment. Some state licensing entities may have statutory authority to access sealed records under applicable law.

Law enforcement. Law enforcement agencies retain full access to sealed records under Vermont's sealing framework. This applies both to hiring decisions and to existing officers whose records are reviewed.

Legal profession. Professional licensing authorities for the legal profession may conduct background investigations and may have statutory authority to access sealed records.

What 13 V.S.A. § 7607(b)(2) Requires

Here's the part that many people miss: even though these boards can access your sealed record, Vermont law provides a specific protection. Under 13 V.S.A. § 7607(b)(2), state entities that access sealed records must advise applicants of their right not to disclose sealed records on applications.

In practice, this means a licensing board can look at your sealed record through its own authorized channels, but it must advise you of your right not to disclose a sealed record on the application. The board knows the record exists because it accessed it directly — not because you disclosed it.

This creates an unusual dynamic: the board sees the record, but you're protected in not having to be the one who reveals it. The board's evaluation then shifts from "did you disclose" to the substance of the offense itself and evidence of rehabilitation.

The Character and Fitness Evaluation

Most professional licensing boards evaluate applicants on character and fitness, not just the presence or absence of a criminal record. A sealed record that a board accesses directly doesn't automatically disqualify you. The board typically considers:

• The nature and severity of the offense
• How long ago it occurred
• Evidence of rehabilitation
• Whether the conduct relates to the professional duties of the license
• Your overall pattern of behavior since the offense

A single misdemeanor from years ago, followed by a clean record and professional training, is evaluated very differently from a recent offense directly connected to the professional role.

When Sealing Helps Even with Board Access

Sealing still provides meaningful protection for licensed professionals:

Public records searches. Many boards start with a standard public records search before exercising their authority to access sealed records. Sealing ensures that any public-facing search comes back clean, which may satisfy some boards' screening requirements without triggering deeper investigation.

Third-party employment. If you're licensed but working for a hospital, school, or private practice, your employer's background check goes through standard channels — not through the licensing board's authorized access. Sealing keeps the record hidden from your workplace even if the licensing board has seen it.

Career changes. If you later apply for a license in a different field — one whose board doesn't have sealed-record access — the sealed record won't appear in their screening at all.

Practical Steps for Licensed Professionals

Before filing for sealing: Consider consulting with a records attorney or legal aid specialist familiar with your specific licensing board's rules. In rare cases, having a visible record that you proactively disclosed and explained may be less risky than having a board discover a sealed record through their own access — though this is unusual.

After sealing: Do not volunteer the sealed record on licensing applications that ask about criminal history. Vermont law protects your right not to disclose. Let the board's own screening process handle it.

If the board raises questions: Be prepared to discuss the offense honestly if the board contacts you after discovering the sealed record through their authorized channels. Focus on rehabilitation, the time elapsed, and any evidence that the offense is unrelated to your professional competence.

For federal oversight roles: If your profession involves federal licensing, security clearance, or federal background checks (certain financial services, aviation, defense), be aware that state-level sealing doesn't affect federal databases. The FBI's record may persist for up to six months after sealing, and some federal agencies may retain access under their own rules.

Immigration Considerations for Licensed Non-Citizens

Non-citizen professionals face a compounded risk. Federal immigration authorities do not recognize Vermont's sealing orders, and USCIS maintains independent databases. If you're a non-citizen applying for a professional license, sealing your state record doesn't prevent USCIS from considering the conviction in immigration proceedings. Consult immigration counsel before filing for sealing, and preserve certified copies of all court documents before they're sealed — you may need them for future immigration filings.

The Vermont Expungement & Record Sealing Guide covers the intersection of record sealing and professional licensing, including the specific protections under 13 V.S.A. § 7607(b)(2).

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