Vermont Criminal Records

A Vermont criminal record is an official documentation of a person's interactions with the criminal justice system in the state. Details included in a Vermont criminal record include arrest information, charges brought against the subject of the record, court proceedings, convictions, and sentencing. Criminal record information in the state is compiled from various sources, including law enforcement agencies and the Vermont judiciary.

Criminal records in Vermont are maintained by the VCIC (Vermont Crime Information Center). The state has a violent crime rate of 210 incidents per 100,000 residents and a property crime rate of 1,794 in the same population size.

Are Criminal Records Public in Vermont?

Criminal records are generally public in Vermont. Title 20, Chapter 117, Section 2056(c) of the Vermont Statutes Annotated governs the release of criminal conviction information to the public. Also, under the Vermont Public Records Act (1 V.S.A. §§ 315-320), members of the public have the right to inspect or obtain copies of public records held by government agencies, including criminal conviction records. Hence, you may request and receive information about an individual's criminal convictions.

However, certain records are exempt from public disclosure to protect individual privacy and other interests. Records that have been sealed or expunged are removed from public access, and individuals may legally deny the existence of such records. Juvenile records are also confidential, and access is restricted to protect the privacy of minors. Additionally, arrest records without resulting charges may not be publicly available, as their disclosure could constitute an unreasonable invasion of personal privacy.

How To Look Up Criminal Records in Vermont?

You may obtain a copy of your Vermont criminal conviction report via the VCCRIS (Vermont Criminal Conviction Record Internet Service). You will need to provide your email address, date of birth, full name, and a $30 charge per conviction report to obtain the report.

However, if you need a notarized copy of your criminal history report, you may submit your request in person at the VCIC to send a completed request form by mail to the address stated on the form. If sending by mail, include a self-addressed, stamped, business-sized envelope, and a cashier's check or money order for $30 (made payable to "Department of Public Safety) in the submission.

Note that walk-in applicants who want a complete criminal history record, notarized, or certified copy of the record, must show two forms of identification. The processing time for a notarized or certified criminal history record may take up to seven business days from the date the request is received by the Vermont DPS.

How To Search Vermont Arrest Records?

Vermont arrest records are official documents detailing instances where an individual has been taken into custody by law enforcement in the state. These records are typically created when a person is arrested based on probable cause or a warrant, regardless of whether the person is charged or convicted.

A Vermont arrest record may include the following details:

• Personal information of the arrestee, such as full name, known aliases, date of birth, and physical description
• The date and time of arrest
• The location ofthe arrest
• The arresting agency
• The alleged offense or criminal statute violated
• Bail or bond conditions, if applicable
• Booking information, including fingerprinting and mugshots
• Charges filed, though these may change or be dropped later
• Case status, such as pending investigation, charges dismissed, or case filed in court

Local law enforcement agencies are the primary sources of arrest records. Hence, you may request arrest records directly from the police department or sheriff's office that made the arrest. In addition, if the arrest resulted in a criminal court case, you may find docket information through the Vermont Judiciary Public Portal. This system allows users to look up court case details by name or docket number, which may include arrest-related information if charges were filed.

How To Search Vermont Warrants?

In Vermont, a warrant is a written authorization issued by a judicial officer, usually a judge or magistrate, allowing law enforcement to carry out a specific action that would otherwise be unlawful without court approval. A warrant serves as formal permission to either take someone into custody, search a location, or compel a person to appear in court.

Several types of warrants may be issued in Vermont, depending on the purpose. Examples include the following:

• Arrest Warrants: These warrants are issued when there is sufficient reason to believe that someone has committed an offense. The warrant instructs law enforcement to find and arrest the individual named. It is typically used when a person has not been caught in the act but is suspected based on evidence or investigation.
• Bench Warrants: These are usually issued when someone fails to appear in court as required, such as missing a scheduled hearing or ignoring a subpoena. It authorizes law enforcement to take the person into custody and bring them before the court.
• Search Warrants: These allow law enforcement officers to enter a specific place, such as a home, vehicle, or business, to search for evidence about a criminal investigation. The scope and limits of the search are defined in the warrant.
• Capias Warrants: Less common, these are civil orders typically issued to enforce compliance with a court order, such as in cases involving unpaid fines or child support.

Vermont does not have a centralized database for looking up warrant information. However, you may use the following platforms to obtain warrant information in the state:

• Local Sheriff's Office or Police Department: Some county sheriff's offices and local police departments may provide warrant information upon request or on their websites, especially if it involves public safety.
• Vermont Judiciary Portal: If a court has issued a warrant, it may be documented in the public docket available via the Vermont Judiciary Public Portal. This system allows users to search for criminal or civil cases by name and may show if a warrant has been issued in connection to a case.

Can I Obtain a Vermont Criminal History Record of Another Person?

You may obtain criminal conviction information of another person in Vermont via the Vermont Criminal Conviction Record Internet Service (VCCRIS). This service allows anyone to search for another person's conviction record using their:

• Full name
• Date of birth

The VCCRIS system provides details about convictions entered into the system by Vermont courts. The report typically includes:

• The name of the offender
• Date of conviction
• Offense title and statute
• Court name and location
• Sentence imposed

Note that this application costs $30 per request.

How To Expunge or Seal Vermont Criminal Records

If you are seeking record relief in Vermont, you may seek sealing or expungement depending on whether you meet the eligibility requirements. Provisions for sealing and expungement in the state are outlined under 13 V.S.A. §§ 7601-7610. Expungement in Vermont results in the complete erasure of a criminal record. Once expunged, the record is destroyed, and individuals may legally state that the incident never occurred. On the other hand, sealing restricts public access to the criminal record, though it remains accessible to law enforcement and certain government agencies.

The following eligibility criteria exist for sealing and expungement in the State of Vermont:

• Completion of Sentence: All terms of the sentence, including probation, must be completed.
• Restitution and Fees: All restitution, surcharges, and public defender fees must be paid. If unable to pay, one can file a motion to waive these fees.
• Waiting Periods:
• Misdemeanors: Typically, a 5-year waiting period after sentence completion.
• Felonies: Generally, a 10-year waiting period.
• Under Age 25 at Time of Offense: May be eligible for sealing after 2 years.
• No Recent Convictions: No new convictions during the waiting period.

Other specific conditions to consider include the following:

• Dismissed Charges: Charges dismissed after July 1, 2018, are automatically sealed after 60 days. For dismissals before this date, a petition is required.
• Decriminalized Offenses: Convictions for offenses that are no longer crimes, such as certain marijuana possession, may be eligible for expungement.
• DUI and Negligent Operation: First-time offenses may be eligible for sealing under certain conditions.

To seal or expunge a criminal record in Vermont, follow these steps:

• Obtain Criminal Records: Request your criminal record from the Vermont Crime Information Center (VCIC) or the specific court where the case was handled. Obtaining criminal records from the VCIC may cost $30.
• Complete Necessary Forms: Fill out the Petition to Expunge or Seal Criminal History form, available on the Vermont Judiciary website.
• File the Petition: Submit the completed forms to the superior court in the county where the offense occurred.
• Notify the State's Attorney: Serve a copy of the petition to the State's Attorney's office for the relevant county.
• Attend Court Hearing: If required, attend a court hearing where a judge will decide on your petition.
• Await Decision: If the petition is granted, the court will issue an order for expungement or sealing. The VCIC will then update your records accordingly.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Vermont?

In order to balance public safety with the rights of individuals seeking reintegration into society, Vermont adopts a combination of state and federal laws to prevent discrimination for persons with criminal records when seeking employment, occupational licensing, and housing.

For instance, Vermont's "Ban the Box" law prohibits both public and private employers from asking about applicants' criminal history on initial job application forms. Employers may only ask about criminal history during an interview or after the applicant has been determined otherwise eligible for the position. However, there are exceptions. If a position is subject to federal or state laws that disqualify individuals with certain convictions, employers may inquire about relevant criminal history on the initial application. Even in such cases, inquiries must be limited to offenses that are directly related to the job's requirements in accordance with the Equal Employment Opportunity Commission (EEOC) guidelines.

Per occupational licensing, a felony conviction may be grounds for denial for over 40 professions in the state. Still, licensing boards are required to consider various mitigating factors before making such decisions. Applicants have the right to request a pre-application determination to assess whether their criminal background would disqualify them from obtaining a license. Furthermore, Vermont law prohibits licensing agencies from considering expunged or sealed convictions when evaluating applicants.

Per housing privileges, the use of criminal records varies between public and private providers. Public Housing Authorities cannot deny housing solely based on an arrest without a conviction. However, they may consider the underlying facts of an arrest. Certain convictions, such as those involving methamphetamine production in federally assisted housing or being on a lifetime sex offender registry, can lead to mandatory denial of housing.

On the other hand, private landlords have broader discretion and may refuse to rent to individuals based on their criminal convictions. However, they must apply their policies uniformly to all applicants to avoid discriminatory practices. Note that individuals are not required to disclose sealed or expunged records to landlords.

Can I Access Vermont Criminal Records for Free Online?

It costs a fee to access complete Vermont criminal records. However, limited criminal records may be available online for no charge via the court record case information made available on the Vermont Judiciary Public Portal. Also, reputable third-party services such as VermontPublicRecords.us provide free online access to limited criminal record information.