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Windsor County Arrest Records
An arrest typically heralds a person's entry into the criminal justice system in Windsor County. Such incidents occur because a person is suspected of committing a crime or has an outstanding warrant. Each arrest incident results in the creation of an arrest record, which the arresting department produces and subsequently maintains.
Individuals arrested in Windsor are often detained at the nearest police station or jail (the Southern State Correctional Facility), where they will await their scheduled court appearance unless they qualify to be released on bail, upon a written promise to appear (i.e., own recognizance), or without charges.
Unless released without charges or the prosecutorial authority chooses not to press charges, the suspect will go through a court process to ascertain their guilt or innocence. Any information generated during the criminal case is documented as part of the Windsor County court records, which interested parties may review to determine an ongoing case's status or read the court's final judgment.
Are Arrest Records Public in Windsor County?
Yes, arrest records are publicly accessible in Windsor County. Under Vermont's Public Records Law (1 V.S.A. §§ 315 - 320), anybody can access public records maintained by government agencies in Windsor County, including arrest records kept in a law enforcement department's custody.
The law, however, points out certain fundamental exemptions to this public access in 1 V.S.A. § 317, including where:
- A record is deemed confidential by law
- A record is only accessible to specifically designated parties
- A record's disclosure may interfere with law enforcement proceedings or jeopardize a person's right to a fair trial
- A record's disclosure would constitute an unwarranted invasion of personal privacy
- A record's dissemination would reveal the identity of a confidential source
1 V.S.A. § 317 is by no means an exhaustive list of Vermont's public records exemptions; other exemptions exist outside this law.
What Do Public Arrest Records Contain?
Only specific portions of an arrest record created in Windsor County are available for public perusal. These sections are referred to as the public arrest records, and they include:
- The arrestee's name (plus any aliases)
- The arrestee's age and race
- The charges and their degrees
- Arresting agency
- Arrest date and location
- Bond type and amount
- Court name and case number
- Custody status
- Booking date, number, and photograph
Windsor County Arrest Statistics
The Vermont Criminal Information Center (VCIC) is the central repository for offense statistics, compiling and publishing statewide figures in the Vermont Crime Report. However, the VCIC does not release individual statistics as reported by the local police departments. For that information, one can access the Windsor County, Vermont, section of the Federal Bureau of Investigation's (FBI) Crime Data Explorer (CDE).
For instance, persons looking into arrests made by the Hartford Police Department (which polices the county's largest municipality) will find on the CDE portal that the agency made 247 arrests in 2023: 229 of which were classified as male arrests, and the remaining 57 as female arrests.
Meanwhile, those researching arrests made by the Springfield PD (which oversees the second most populous municipality) will discover 165 arrests reported by the agency.
In both cases, the PDs reported simple assault, drug/narcotic offenses, and driving under the influence (DUI) as the most prevalent crimes for which more people were arrested.
People can also reach out to local law enforcement agencies to find out their arrest numbers for a particular month, year, or range of years.
Find Windsor County Arrest Records
To obtain an arrest record in Windsor County, a person may contact the law enforcement agency that executed the arrest. For example, if the arrest occurred in Barnard, Reading, Sharon, or Rochester, one may contact the Windsor County Sheriff's Office. An agency may require the requester to provide the arrestee's name and the location or date of arrest. However, each police division can only provide records of arrests they made; they cannot provide other agency records.
To find people detained in police custody, an inquirer can search the Offender Locator provided by the Vermont Department of Corrections. This system allows users to find people detained at the Southern State Correctional Facility, which serves as a jail for Windsor County and a state penitentiary. The locator can be searched with a person's last or first name.
If an arrestee has been committed to a federal penitentiary, the Federal Bureau of Prisons (BOP) can be contacted for inmate information. The BOP also provides a Federal Inmate Locator for such inquiries. The system can be searched with a person's name or identification number. However, regardless of the request channel, the Bureau of Prisons only maintains records from 1982 to the present. A request can be submitted to the Archives and Records Administration (NARA) to find older prison records.
Free Arrest Record Search in Windsor County
Anyone submitting an arrest records request to a police agency in Windsor under Vermont's Public Records Law may not be liable for costs when seeking to inspect an arrest record. Copy requests typically attract the associated fees for duplication, redaction, or other services required to furnish a copy of a record to the requester.
Another alternative that members of the public have regarding a free arrest record search in Windsor County is to access third-party public records databases offered by non-governmental entities. These businesses aggregate public records, including arrest records, from various jurisdictions and provide them to interested parties. Certain sites offer basic arrest information to the requesting parties at no charge. However, in many cases, the user will need to pay for extensive information, including all other known public records connected to the search query.
How Long Do Arrests Stay on Your Record?
Perpetually. Arrests that occur in Windsor County are typically permanent parts of a person's criminal history record. Since the record remains available, anyone may see it unless a law or court order restricts access for privacy or other legal reasons. However, an individual may be able to seal or expunge their arrest record under Vermont law, thereby removing public access to it.
Expunge Windsor County Arrest Records
The State of Vermont sanctions certain forms of relief for persons who encountered the criminal justice system and qualify to have the corresponding records removed from public access, often to allow them a second chance at life and open opportunities that may otherwise have been closed due to the record's existence. These remedies include "sealing," "expungement," and a "Governor's pardon".
Record sealing and expungement in Windsor County are governed by 13 V.S.A. §§ 7601 - 7611. Per the law, sealing limits access to a record (i.e., places the record in a confidential file). It does not permanently remove or delete the record, which will still be accessible for specific criminal justice purposes.
On the other hand, an expungement physically destroys a record. Both remedies are sought through the court system and serve to restrict access to all information related to a person's arrests, charges, and sentences. In either case, the subject of the record can lawfully say that they have never been arrested, charged, or convicted of the related offense. However, only specific defendants can file for record sealing or expungement in Windsor.
The process to seal or expunge an arrest record in Windsor County depends on whether the arrest resulted in a conviction. 13 V.S.A. § 7602 covers the criteria, waiting periods, and procedures for sealing/expunging criminal history records post-conviction. Individuals interested in this form of record relief may consult the law, speak to an experienced attorney, or access the Vermont Judiciary's Expunging and Sealing Criminal Records page.
Meanwhile, 13 V.S.A. § 7603 outlines the criteria, waiting periods, and procedures for sealing or expunging criminal history records related to a non-conviction. This relief is available if:
- The court did not determine probable cause at the time of arraignment, or the charge was dismissed before trial without prejudice. The court automatically seals the record 60 days after the case's final disposition.
- The defendant was acquitted of the charges, or the charges were dismissed with prejudice. The court automatically expunges the record 60 days after the case's final disposition.
Note that the court can also seal or expunge arrest (non-conviction) records at any time when it is requested by the defendant, often when the case pertains to an earlier dismissed charge not covered by the automatic expungement rule. If the court only sealed a record, the subject can still request expungement by petition, but it is recommended the party wait a minimum of six months after the case's final disposition.
To seal or expunge a non-conviction record in Windsor, a defendant may fill out and submit a Petition to Expunge/Seal Criminal History (Form 200-00130) to the local superior court's criminal division. It may be necessary to obtain one's criminal history record from the VCIC or the applicable court(s) to gather details to complete the petition, such as the case number, offense year, charge date, and offense description. There is no filing fee to seal or expunge non-conviction records.
Whether someone qualifies to have their arrest records sealed/expunged automatically or by petition, a prosecutor can still object to the sealing or expungement. In these cases, the court may hold a hearing to determine whether the remedy is in the interests of justice.
If the court seals or expunges an arrest record, all agencies that possess the record, including the arresting agency and VCIC, will be notified of the order.
Windsor County Arrest Warrants
Arrest warrants in Windsor County permit peace officers to apprehend individuals suspected of being involved or engaging in criminal activity. Judicial authorities issue these legal papers upon an indictment or information presented by a law enforcement officer setting forth probable cause. In this context, probable cause for an arrest describes a sum of circumstances that would cause a reasonable person to assume an offense has been committed and an individual committed it. The arrest warrant cannot be issued without the judicial officer finding probable cause.
According to Vt. R. Crim. P. 4 (see the Vermont Court Rules), arrest warrants issued in Windsor bear the following details:
- The signature of the issuing judicial officer
- The issue date
- A name or description of the suspected offender
- A command for the suspect's arrest and arraignment before the nearest available judicial officer
Do Windsor County Arrest Warrants Expire?
No, Windsor County arrest warrants never expire. An individual with an active arrest warrant in Windsor County will either be apprehended and taken to court to address the charges, or the warrant will remain outstanding until their demise. Vermont's legislature does not give much latitude for resolving an arrest warrant beyond the subject's arrest by law enforcement authorities.
Nonetheless, certain circumstances may prompt a court to rescind a warrant for reasons other than a defendant's arrest or fulfillment of a warrant's objective (in the case of a bench warrant), such as the payment of a court-ordered fine. A notable example is when the court uncovers new evidence that raises doubts about the defendant's culpability for an offense.