Vermont Court Records

The court structure in Vermont is organized into a single appellate court and a trial court with multiple divisions. At the highest level is the Vermont Supreme Court, which serves as the state's sole appellate court. Beneath it is the Vermont Superior Court, the trial-level court with broad jurisdiction with one located in each of Vermont's counties. Within each unit, the Superior Court is further divided into five specialized divisions: civil, criminal, environmental, family, and probate. Additionally, the court system includes the Judicial Bureau, which handles civil violations across the entire state.

The Vermont Supreme Court, located in Montpelier, is composed of a Chief Justice and four Associate Justices. It hears appeals from all divisions of the Superior Court and is the final authority on legal disputes within the state. The Court is also responsible for issuing administrative rules and policies that govern the entire judiciary.

The Vermont Superior Court serves as the state's main trial court and holds general jurisdiction over nearly all legal matters. Each Superior Court in Vermont includes the following divisions:

• Civil Division: Handles lawsuits involving personal injury, contract disputes, property matters, and small claims.
• Criminal Division: Hears cases involving felonies and misdemeanors, including arraignments, trials, and sentencing.
• Environmental Division: Deals with appeals and disputes concerning land use permits, zoning decisions, and other environmental matters.
• Family Division: Addresses cases such as divorce, child custody, child support, juvenile proceedings, and relief from abuse.
• Probate Division: Handles wills, estates, adoptions, guardianships, and name changes.

Each division is presided over by judges, and in some proceedings, elected assistant judges, also known as side judges, may participate, particularly in civil and family matters.

The Vermont Superior Court also has a Judicial Bureau. This Bureau has statewide authority to hear cases involving civil violations such as traffic tickets, municipal ordinance violations, and fish and wildlife infractions.

More than 85,000 cases are handled annually in Vermont courts.

What Are the Types of Court Records In Vermont?

In Vermont, each court is responsible for maintaining official records related to the cases it handles. These records are managed by the office of the court clerk, who oversees documentation as part of their role within the state's judicial system. The specific types of records available vary depending on the court's jurisdiction, but generally include the following:

• Vermont Supreme Court
• Opinions and Rulings: Final decisions on appeals involving constitutional questions, interpretation of state laws, and procedural issues.
• Case Dockets: Include appellate briefs, motions, oral argument schedules, and final orders.
• Administrative Orders: Records of rules and policies governing all Vermont courts, including amendments to rules of civil, criminal, and appellate procedure.
• Petitions for Review (Certiorari-type): Records of certain appeals, including interlocutory and administrative agency cases.
• Vermont Superior Court
• Civil Division
• Civil Case Records: Include filings related to tort claims, contract disputes, personal injury cases, real estate litigation, injunctions, and declaratory relief.
• Appeals: Records of appeals from decisions made by administrative agencies.
• Criminal Division
• Criminal Case Records: Includes felonies, misdemeanors, arraignments, plea agreements, motions, sentencing decisions, and jury trial proceedings.
• Diversion Programs: Records from treatment-based alternatives such as the Rapid Intervention Community Court (RICC), mental health court, or drug court programs.
• Environmental Division
• Environmental Case Records: Records of appeals of decisions made by state or local environmental agencies, such as zoning boards and the Act 250 permit program. These records include land use disputes, environmental permits, and municipal planning appeals.
• Family Division
• Family Law Records: Records of cases related to divorce, legal separation, parentage, child custody, visitation, and child or spousal support.
• Domestic Violence Protection Orders: Includes requests for relief from abuse and court-issued protective orders.
• Juvenile Records: Confidential case files involving youthful offenders and minors charged with delinquency.
• Child Welfare Proceedings: Includes abuse and neglect cases, termination of parental rights, foster care placement, and CHINS (Child in Need of Care or Supervision) proceedings.
• Adoption and Guardianship Records: Records of adoptions, guardianships of minors, and adult guardianships under the state's guardianship statutes.
• Probate Division
• Probate and Estate Records: Includes the administration of wills, intestate estates, trusts, and accountings.
• Guardianship: Records of adult and minor guardianships.
• Name Changes and Adoptions: Records related to legal name changes and confidential adoption proceedings.
• Judicial Bureau
• Traffic Violation Records: Records of civil violations such as speeding tickets, cellphone use while driving, and seat belt violations.
• Municipal and Ordinance Violations: Includes records from cases involving dog ordinance infractions, parking tickets, and other local code violations.
• Judicial Hearings: Records of hearings and rulings on contested civil violations.

Are Vermont Court Records Public?

The public has a constitutional and common law right of access to Vermont court records. While the Vermont Public Records Law guarantees public access to records of government bodies in the state, the Vermont Rules for Public Access to Court Records govern the rights of access by the public to state judicial records. While these regulations ensure the public may access government and judicial records, they also allow for exemptions and sealing in certain circumstances. The following types of records are typically exempt from public access:

• Juvenile records
• Adoption and termination of parental rights records
• Mental health proceedings
• Certain family court records, such as abuse prevention orders before service
• Financial affidavits in some family matters
• Sensitive crime victim information, such as in sexual assault cases
• Records sealed or expunged by court order

Whole or portions of Vermont court records may be exempted or sealed to balance transparency with individual privacy, fair trial rights, and public safety. Other reasons why some records may be sealed include compliance with federal or state confidentiality laws and avoiding undue prejudice in ongoing proceedings.

How Do I Search Vermont Court Records?

You may search Vermont court records via the state Judiciary Public Portal. The portal provides access to civil, criminal, probate, small claims, environmental, and family case summaries. To start:

• Visit the portal
• Select "Smart Search".
• Enter the party name, case number, or attorney name.
• Review available case summaries and docket entries.

Note that certain public agency personnel, attorneys, and parties involved in cases may sign up for elevated access to their own cases and other cases to which they may have specific access rights.

How To Retrieve Court Records Offline

Since document viewing and access to public case types are not available via the Vermont Judiciary Public Portal, you must visit the courthouse where the case was filed to obtain copies of court records. If you only need to view these documents, you may use the public access terminals in the courthouses to access the records. However, if you want standard or certified copies of Vermont court records, you must submit a request to the office of the clerk of the court. You will need to provide necessary information such as the full names of involved parties, case number or docket number, the approximate filing date, and the type of case.

Alternatively, you may submit a completed Request for Access to Court Record form to the appropriate court by mail. Typically, standard copies of Vermont court records cost about $0.25 per page, with a minimum charge of $1 per request. Certified copies cost $5 per document in addition to the cost for producing the copy, while exemplification costs $10 per document. Note that for older cases or when mailing is required, a postage fee of $7.5 may apply.

In-person requests are typically processed within three business days. However, mail requests may take up to seven business days to process and deliver.

Can I Seal or Expunge a Vermont Court Record?

Expungement in Vermont refers to the physical destruction of a record per court order. This includes any official documentation of your contact with the state criminal justice system, such as records in the prosecutor's office, police reports, and court records. Sealing refers to the placing of a record in a confidential file, making it inaccessible to the public. However, the record remains in possession of law enforcement or prosecutors and may be used for future criminal investigations. Sealed records may also appear in a federal background check. Sealing and expungement processes are governed by Title 13, Chapter 230 of the Vermont Statutes Annotated.

Vermont mandates certain requirements before a sealing or expungement may be approved. Offenses committed before the age of 25 may be sealed if the following conditions apply:

• The sentence was completed more than two years ago.
• All restitution has been paid
• The individual has not been convicted of a "listed offense" under 13 V.S.A. § 5301(7) in the past 10 years and is not currently charged with one.

Also:

• Charges dismissed before July 1, 2018, require you to file a petition or stipulation for expungement.
• Charges dismissed on or after July 1, 2018, are automatically sealed. However, if they are not, you may file a petition for expungement if you want the record expunged.

In addition, for a conviction to be eligible for expungement, it must have occurred in Vermont and be a qualifying crime. Fourteen felonies are eligible, while most misdemeanors are also eligible, except violent, sex-related, and most driving offenses. Note that the state allows negligent operation of a vehicle or DUI sealing if an individual only has one such conviction. If an individual has multiple convictions, none are eligible for sealing or expungement. Any offense that has been unconditionally pardoned by the Governor of Vermont is eligible for expungement.

If you were convicted of another offense after your qualifying conviction, you may still be eligible to petition for expungement, provided that all the following conditions are met:

• At least 10 years have passed since you completed the sentence for the qualifying offense.
• You have not been convicted of a misdemeanor in the last five years.
• You have not been convicted of a felony in the last seven years.

If your conviction qualifies for expungement but five years (or two years, if you were under 25 at the time of the offense) have not yet passed since you completed your sentence, you may ask the State's Attorney's Office if they are willing to stipulate, also referred to as "agree", to your expungement request. If the Attorney agrees, the court will grant the petition.

You may apply for sealing or expungement in Vermont by following these steps:

• Get a Copy of your Record: If you have charges or convictions from more than one court in Vermont, you may request docket sheets individually from each court. Alternatively, you may obtain your complete criminal record from the Vermont Crime Information Center (VCIC) for a fee of $30.
• Submit the Petition: You must complete and file the Petition to Expunge or Seal Criminal History in the superior court in the county where the offense occurred. A $90 fee applies only if you are sealing a conviction under 23 V.S.A. § 1201(a). There is no fee for all other petitions filed on or after July 1, 2019. If you cannot afford the fee, you may file an Application to Waive Filing Fees, and the court will notify you if you qualify for a waiver.
• Serve the Respondent: In an expungement or sealing case, the respondent is the prosecutor who filed the original charge. The court clerk will send a copy of your petition to the prosecutor.
• Prosecutor's Response: The prosecutor may file a response to your petition. If they agree, the court may grant the request without a hearing. If they object, the court will schedule a hearing that you must attend.
• Victim Notification: The law requires the prosecutor to make reasonable efforts to notify any known victims. A victim has the right to submit a statement to the prosecutor and the court.
• Petition Approval or Denial: If your petition is approved, the court will issue an order confirming that the record has been expunged or sealed. If your request is denied, you must wait at least two years before filing again unless the court grants permission to reapply sooner.

How To Search Federal Court Records in Vermont

The United States District Court for the District of Vermont is the only federal trial court located in the state. It has jurisdiction over federal civil and criminal matters, including bankruptcy, constitutional claims, intellectual property, federal offenses, antitrust law, and civil rights cases.

Records of the federal court in Vermont may be accessed online via the Public Access to Court Electronic Records (PACER) system. To use PACER, you must first create an account on the system. After registration, you may use the PACER Case Locator tool by entering a party name, filing date, or case number to perform a search. Note that there is a $0.10 per page fee to view or download court documents via PACER. However, the maximum charge is $3 per document.

The records of the court may also be accessed offline by visiting the location of the court in Burlington or Rutland. At the courthouse, you may use public access terminals in the clerk's office to view dockets and documents via PACER and print copies at $0.10 per page if you print them yourself. The following fees apply for clerk-provided copies:

• Regular copies: $0.50 per page
• Certified copies: $12.00 per document, plus $0.50 per page copy fee
• Exemplified copies: $24.00 per document, plus $0.50 per page
• Apostille: $50

How To Get Vermont Court Records Online for Free?

You may search court case information online for free via the Vermont Judiciary Public Portal. This portal is the state's official online case search tool and allows users to search by party name, docket number, or attorney name. It allows users to access basic case information from civil, criminal, family, probate, and small claims courts. The system provides free access to docket entries, hearing dates, and case summaries. However, it does not provide access to court documents. To access documents filed in court proceedings in Vermont, you will need to submit a request in person at the office of the clerk in the courthouse where the case was filed.

Note that in addition to the official portal, several third-party websites offer access to case summaries of Vermont courts. For example, PeopleRecords.us allows users to search for Vermont court records by name. It often provides basic details such as criminal charges, arrest records, and limited docket information.