Vermont Arrest Records

Vermont arrest records refer to government files and documents concerning arrest events within the state. Such records typically contain information about the arrestees and the circumstances that led to the arrest. Law enforcement officers in Vermont conduct arrests when there's sufficient proof that a crime occurred. Arrestees may be booked and detained in a city or county jail pending the outcome of further investigations.

In Vermont, records are generally maintained by state or local law enforcement agencies, such as the Chittenden County Sheriff's Office, the City of Burlington Police Department, or the Colchester City Police Department. These agencies store the records as police or incident reports and may disclose them to interested record seekers.

Vermont Arrest Statistics

The FBI's Uniform Crime Data Explorer creates yearly reports concerning all arrest-related activities in US states. Per the agency's 2023 report, Vermont law enforcement agencies made a total of 12,887 arrests. Of this figure, 72.4% (9,285) and 27.6% (3,599) were male and female, respectively. The arrest report also contains information on the number of arrests per offense type.

Vermont 2023 Arrest Statistics

Are Arrest Records Public in Vermont?

Yes, Vermont's arrest records are considered public records. Under the state's Public Records Act (PRA), public agencies, including law enforcement agencies, are required to make arrest records available for review and copying upon request. The PRA 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. Excluded records typically contain information whose disclosure is not in the public interest. Such records are only accessible to authorized persons or entities like criminal justice agencies. The following categories of arrest records are exempt from public disclosure:

• Arrest records that contain information about an ongoing 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 that may compromise public safety.
• Juvenile arrest records
• Arrest records that could jeopardize the safety of a witness or another individual
• Some arrest information concerning first-time offenders charged with a misdemeanor.

Find Public Arrest Records in Vermont

Public members may find public arrest records through resources or options provided by government entities. Arresting agencies are the primary custodian of arrest records. These agencies typically allow public access to police and incident reports. The state courts and correctional facilities also maintain some arrest information. For example, you can view arrest information via inmate databases maintained by the Department of Corrections.

Persons or entities interested in locating arrest records may follow these general steps:

1. Determine the type of arrest record desired: the purpose of the request will determine the type of arrest record to obtain. Government entities like police departments may provide access to certified copies of arrest records and arrest reports. In contrast, you may obtain uncertified copies from online search databases maintained by third-party vendors.
2. Find out the custodian of the desired record: Contact the arresting agency through available options like phone numbers or email addresses. 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.
3. Submit the request and pay the related costs: Submit the request via the record custodian's preferred options. Mail-in requests must include a written or filled-out form along with the required fees. For in-person requests, inquirers may visit the agency during office hours. Agencies may allow different payment options, which may be determined by the request type. Case in point: Most agencies may require payments in the form of money orders or checks for mail-in requests. In contrast, in-person requests may include payments in the form of cash or credit card.

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 and a magistrate or attorney.

How to Lookup Arrest Records Online in Vermont

Vermont residents can look up online arrest records by using official or third-party resources. Those using official sources may visit online search or request platforms maintained by local- or state-level law enforcement agencies. For instance, the South Burlington Police Department allows online requests for arrest records. Inquirers may opt for online arrest logs or activity reports on some law enforcement agencies' websites. The Vermont Department of Corrections also offers online access to arrest information in inmate records. Inquirers must type in the arrestee's name and other relevant information to view records on the platform.

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. Note that you must validate arrest records received from third-party sites since they operate outside government jurisdictions.

What is Included in Vermont Arrest Records?

A Vermont arrest record may contain the following information:

• Arrestee's names and known aliases.
• Personal information, including gender, age, birthdate, height, and identifying tattoos.
• Date of arrest
• Incident number
• Time of arrest
• Arrest charges, time, and date.
• Bail conditions.
• Booking date and time.
• Bond amount.

How Long Do Arrests Stay on Your Record in Vermont?

In Vermont, an arrest record will stay on an individual record forever. However, the question of how long an arrest record will remain publicly visible 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, 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 allow individuals to seal or expunge arrest information on their criminal history files. Note that sealing is not the same as expungement. The latter requires all concerned public entities to physically destroy the record. Meanwhile, a sealed arrest record is not physically destroyed but kept in a private file that is inaccessible to the public.

Persons with a criminal conviction record may file to expunge records 5 to 10 years after completing the court sentence. To expunge records, they are typically required to fulfill the requirements outlined in 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. The state, however, denies expungement requests for the following crimes:

• 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, you follow almost the same legal process to seal or expunge arrest records. The court may decide to seal or expunge arrest records based on circumstances around the petition. That being said, you can expunge or seal a record by following these steps:

1. 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.
2. Pay the required fees, including court-imposed ones: You must fulfill all court requirements, including fines, before you can apply to expunge arrest records.
3. File a Petition to Expunge or Seal Criminal History Form and other appropriate ones. For instance, fill out the Petition to Seal a Conviction for Drunk Driving form for offenses listed under 23 V.S.A. §1201(a). Persons who are unable to pay the filing fee may complete an Application to Waive Filing Fees.
4. Submit the forms to the court clerk in a court of competent jurisdiction. The clerk will then forward a copy of the petition to the prosecutor that handled the case. If the prosecutor supports the request to have a record expunged, the petition may be approved without a hearing. The court may, however, set a hearing date if the prosecutor objects to the petition. 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 of expungement to all agencies that are in possession of the record.

How Do I Find Recent Arrests in Vermont?

In Vermont, public members can locate information on recent arrests by using resources provided by arresting agencies. The agencies typically maintain online or offline information on recent arrests that occurred in areas under their jurisdiction. For example, the Essex City Police Department maintains weekly arrest logs for arrests conducted within the city. Some agencies allow in-person viewing of recent arrest information. To look up such data, inquirers must visit the agency's physical location during their business hours.

Are Vermont Arrest Records Free?

Most Vermont arrest records are accessible for free. Government entities often offer online search platforms via which the public can view free arrest records. Note that the agencies may charge fees to search and print out physical copies of the records. The fees may vary based on the number of requested copies and time spent in retrieving the record.