Vermont Arrest Records

Vermont arrest records are created upon an individual's arrest and are an essential part of a person's criminal history report.

These records detail the circumstances leading up to the arrest. It contains information regarding an individual who has been apprehended, the offense or offenses that led to the arrest, and the officer or agency that made the arrest.

Data from the F.B.I.'s uniform crime reporting program shows that over 15,000 arrests were made in Vermont by 86 law enforcement agencies in the state. The statistics from this source show that 42% of arrests were for traffic-related offenses such as drunk driving. Violent crimes such as simple assault, homicide, manslaughter, and rape made up 34% of all arrests in the state. The least arrests were for fraud-related offenses.

Are Arrest Records Public in Vermont?

Yes, Vermont's arrest records are considered public records per Vermont's Public Records Act (P.R.A.). Under the P.R.A., public agencies, including law enforcement agencies, are required to make arrest records available for review and copying upon request Unless a particular provision exempts a record, or portion of a record, from disclosure. The P.R.A. is further strengthened by Section 316 of the Vermont statutes, which allows anyone to examine or copy arrest records classified as public records. As a result, anybody with an interest in the public can learn about arrests that have occurred within the state. Section 2056a of the Vermont statute establishes the law on the dissemination of criminal history data and also enables the dissemination of arrest records and citations in the state of Vermont.

However, the Vermont Public Records Act (P.R.A.) excludes some records from public release. Exclusion means that unless the requester is an authorized law enforcement agent, they cannot obtain the documents or information they seek. In addition, a court order may protect certain arrest records from public access. Generally, some parts of a record may be considered confidential and redacted, or the entire file may be withheld from the public. The following categories of arrest records are exempt from public disclosure:

• Arrest records relating to detective work or an ongoing crime investigation: Vermont law permits investigators to withhold arrest records during criminal investigations to preserve the investigation's integrity and provide a satisfactory outcome for the victims' families and communities.
• Arrest records with the potential to compromise public safety
• Juvenile arrest records
• Arrest records of police officers that are part of disciplinary records
• Arrest records that could jeopardize the safety of a witness or another individual

Arrest records for first-time offenders with minor misdemeanors can sometimes be made to remain confidential, as viewing them may constitute an invasion of privacy.

What is Included in Vermont Arrest Records?

The information in an arrest record in Vermont is uniform regardless of the county police department that made the arrest. Arrest records curated for a court case also have the same details. A Vermont arrest records may contain the following elements:

• The name of the arrestee: The arrestee's full name, including any aliases
• Arrestees gender
• The arrestee's age and sometimes date of birth
• A description of the suspect: height, weight, any identifying tattoos
• Date of arrest
• Incident number
• Time of arrest
• Charges, including the statute that was breached to warrant the arrest.For example, Driving Under The Influence - First Offense 23 VSA 1201 90D
• Conditions for release
• Bail information( if available)

Find Public Arrest Records in Vermont

Queries related to obtaining arrest records in Vermont can be forwarded to either law enforcement or county courts in Vermont. Arrest records that did not lead to any charges or convictions are usually referred to as arrest reports in Vermont and can be obtained from the arresting sheriff's department or police department, while arrest records that lead to a court case and a subsequent conviction can be obtained from law enforcement offices, the prosecuting Court's docket or at the Vermont crime information center. Certified copies of arrest records in Vermont can only be obtained from official (government) sources. Members of the public may request an arrest record in Vermont by following these steps:

• Determine the type of arrest record desired: The purpose for which an arrest record will be used will determine the type of record needed. Certified copies of arrest records and arrest reports can only be obtained from police departments or court dockets, while uncertified copies can be obtained through third-party vendors.
• Find out the custodian of the desired record: Contact the arresting agency either through their website or online. Sometimes, a police department will have a system where they provide the records and refer the requestor to a court to have the records certified. The agency will usually provide information on how to navigate the application process.
• Submit the request and pay the related costs: Most of the time, making a request requires filling out a form, which can be sent by mail, online, or in person. However, depending on the request mode, several payment methods exist for arrest records. Every police record request in Vermont costs the same amount, and money orders can be given with the request form to cover the cost of mail requests. Requests made in person may be paid for using cash or a credit card; this will cover the cost of making copies and certifying the records.

A subpoena is a document a party in a lawsuit can use to require a person or an agency to:

• Testify under oath at a trial, hearing, or deposition;
• Provide documents or other items to a hearing;
• Offer copies of records or electronically stored information.

According to Vermont law, someone may serve a subpoena for arrest records in criminal and civil cases that are otherwise confidential if the judge determines that the records are essential to the case's outcome. Before anyone can serve a subpoena to a record custodian, it needs to be signed by a court clerk, a Vermont magistrate, or a Vermont attorney.

How to Lookup Arrest Records Online in Vermont

Both official and non-official sources may be used to search for arrest records online in Vermont. Those using official sources can visit the website of their local sheriff or police unit, which may have some arrest information or a way to request arrest records online. For instance, the South Burlington Police Department allows online requests for police arrest records. Local law enforcement in Vermont also offers a way to locate people who are detained by searching through and requesting monthly or weekly arrest reports on law enforcement web pages. Using the offender locator feature on the website of the Vermont Department of Corrections is another option for locating arrestees.

Several third-party aggregator websites also provide access to arrest records online. Some of these sites collect these records from government sources, while others work with law enforcement to provide this service. Validating documents acquired from non-government sources is essential to guaranteeing their authenticity and completeness.

How Long Do Arrests Stay on Your Record in Vermont?

An arrest record will stay on an individual record forever. However, the question of how long an arrest record will remain public on an individual's record in Vermont depends on the crime committed and whether there was a conviction. Arrest records that lead to a dismissal in Court will automatically be sealed if the charge was dismissed on July 1, 2018, or later. If the charge was dismissed before July 1, 2018, the affected person must file a petition to expunge the record.

Fortunately, the State of Vermont provides procedures for removing previous conviction and non-conviction arrest records through the sealing process or total erasure (i.e., expunging).

Expunge an Arrest Record in Vermont

The Vermont statutes provide a way for individuals to expunge or seal arrest records that are part of a person's criminal history. There is a significant distinction between sealing and expungement regarding what happens to the records. If every charge in an arrest record is expunged, all records held by the prosecutor, the Court, the department of prisons, and law enforcement must be physically destroyed as mentioned above. An arrest record that has been sealed is kept in a private file rather than being physically destroyed. A person who has a criminal record in Vermont can make a petition to the Court 5-10 years after they have served time for a sentence to have their arrest records expunged or sealed if their charges fall under the category of crimes that are eligible for expungement under Vermont's statute § 7602.

A person can also apply to have their records expunged if the crime they were convicted of is no longer legally prohibited. Categories of crimes that are not eligible for which persons can apply for expungement or sealing include:

• Misdemeanors that involve sexual exploitation of children or prostitution
• Grand larceny
• Criminal mischief
• Fraud related crimes
• Possession of cocaine, heroin, methamphetamine, or related substances
• Violation of an Abuse Prevention Order

Expungement or sealing process of arrest records in Vermont arrest records

In Vermont, the expungement and sealing of records petition processes are identical. Based on the evidence, the Court will decide whether sealing a record is better for justice than expungement. Following these steps, people can petition to have their records erased or sealed. The process is typically as follows:

• Petitioners must first request to view their file from the Court: The first step is a file review. If a record is kept in public records, a retrieval fee must be paid before ordering files from public records; unpaid fees may cause delays in the expungement or sealing process. It is also necessary to include a phone number on the request so that the clerk can contact the requester when the file is delivered.
• Restitution and Fines: Before a criminal record's eligibility for sealing or expungement is determined, all fines and costs imposed by the Court must be fully paid.
• Petition to Expunge or Seal Criminal History Form: Fill out this form completely and submit it. A court document known as a petition is available from the Court or online at the Vermont Judiciary website. A petition to seal a conviction for a drunk driving offense under 23 V.S.A. §1201(a) requires payment of $90. An individual can fill out and submit the Application to Waive Filing Fees if they are unable to pay the filing fee. If a person is eligible to have the filing fee waived, the Court will make that determination. All other requests to expunge or seal need not be filed with a fee.
• Response from the prosecutor and victims: The clerk will send a copy of the petition to the prosecutor, who has the right to respond to the petition. If the prosecutor supports the request to have a record expunged, the petition may be approved without a hearing; otherwise, the matter will be set for a hearing. Individuals must appear at all hearings scheduled in an expungement case, as missing them could lead to the petition being dismissed.

If a petition is approved, the Court will issue an order that the petitioner can submit as documentation of the offense's sealing or expungement. No new petition may be filed for at least two(2) years following the Court's denial of an expungement petition unless the Court grants a shorter time frame.

How Do I Find Recent Arrests in Vermont?

Vermont's county sheriff's and police departments' websites list all recent arrests made by Vermont law enforcement. Interested parties can also obtain a record of recent arrests by searching through in-depth arrest reports on these websites. People can conduct in-person visits and submit a public records request for arrest reports to determine the number of arrests that occur daily in the state. Vermont law enforcement organizations also share high-profile arrests on social media and blogs.

Are Vermont Arrest Records Free?

Yes! Public access to records for arrests is available for free on the website of a local law enforcement department. However, to obtain copies of an arrest record or report from these organizations, requesters must pay a cost that varies depending on the agency.