The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 117: Vermont Crime Information Center

• § 2051. Creation of Center

  There shall be within the Department of Public Safety a center to be known as the Vermont Crime Information Center. It shall be the official State repository for all criminal records, records of the commission of crimes, arrests, convictions, photographs, descriptions, fingerprints, and such other information as the Commissioner deems pertinent to criminal activity. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2013, No. 119 (Adj. Sess.), § 2.)

• § 2052. Director

  The Commissioner of Public Safety shall appoint a qualified person as Director of the Center. (Added 1969, No. 290 (Adj. Sess.), § 10.)

• § 2053. Cooperation with other agencies

  (a) The Center shall cooperate with other State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers in this State and with federal and international law enforcement agencies to develop and carry on a uniform and complete State, interstate, national, and international system of records of commission of crimes and information.

  (b)(1) All State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers shall cooperate with and assist the Center in the establishment of a complete and uniform system of records relating to the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, photographs, stolen property, and other matters relating to the identification and records of persons who have or who are alleged to have committed a crime, or who are missing persons, or who are fugitives from justice.

  (2) In order to meet the requirements of subdivision (1) of this subsection, the Center, in consultation with the Vermont Crime Research Group, statewide racial justice groups, and statewide groups representing individuals with lived experience of a mental health condition or psychiatric disability, shall establish and provide training on a uniform list of definitions to be used in entering data into a law enforcement agency’s system of records, and every law enforcement officer shall use those definitions when entering data into his or her agency’s system. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2019, No. 166 (Adj. Sess.), § 20, eff. Oct. 1, 2020.)

• § 2054. Uniform reports

  (a) The Center shall provide State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers with uniform forms for the reporting of the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, missing persons, fugitives from justice, stolen property, and such other matters as the Commissioner deems relevant. The Commissioner of Public Safety shall adopt rules relating to the use, completion, and filing of the uniform forms and to the operation of the Center.

  (b) A department, agency, or law enforcement officer who fails to comply with the rules adopted by the Commissioner with respect to the use, completion, or filing of the uniform forms, after notice of failure to comply, shall be fined not more than $100.00. Each such failure shall constitute a separate offense. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2021, No. 20, § 159.)

• § 2055. Files

  (a) The Director of the Vermont Crime Information Center shall maintain and disseminate such files as are necessary relating to the commission of crimes, arrests, convictions, disposition of criminal causes, probation, parole, fugitives from justice, missing persons, fingerprints, photographs, stolen property, and such matters as the Commissioner deems relevant.

  (b) The Director shall maintain criminal records pursuant to this chapter regardless of whether the record is fingerprint supported. Any “no print, no record” rule or policy of the Center shall be void. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2003, No. 122 (Adj. Sess.), § 86a.)

• § 2056. Certified records

  Upon the request of a Superior judge, the Attorney General, or a State’s Attorney, the Center shall prepare the record of arrests, convictions, or sentences of a person. The record, when duly certified by the Commissioner of Public Safety or the Director of the Center, shall be competent evidence in the courts of this State. Such other information as is contained in the Center may be made public only with the express approval of the Commissioner of Public Safety. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 159.)

• § 2056a. Dissemination of criminal history records to criminal justice agencies

  (a) As used in this section:

  (1) “Criminal history record” means all information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.

  (2) “Criminal justice agencies” means all Vermont courts and other governmental agencies or subunits of governmental agencies that allocate at least 50 percent of the agency’s annual appropriation to criminal justice purposes.

  (3) “Criminal justice purposes” means the investigation, apprehension, detention, adjudication, or correction of persons suspected, charged, or convicted of criminal offenses. Criminal justice purposes shall also include criminal identification activities; the collection, storage, and dissemination of criminal history records; and screening for criminal justice employment.

  (4) “The Center” means the Vermont Crime Information Center.

  (b) A criminal justice agency may request a person’s criminal history record from the center for criminal justice purposes or other purposes authorized by State or federal law. Upon the request of a criminal justice agency, the Center shall prepare and release a person’s Vermont criminal history record, provided that the criminal justice agency has filed a user’s agreement with the Center. The user’s agreement shall require the criminal justice agency to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the agency.

  (c) A criminal justice agency may obtain criminal history records from other states and the Federal Bureau of Investigation through the Center, provided that the criminal justice agency has filed a user’s agreement with the Center. Release of interstate and Federal Bureau of Investigation criminal history records to criminal justice agencies is subject to the rules and regulations of the Federal Bureau of Investigation’s National Crime Information Center.

  (d) A criminal history record obtained from the Center shall be admissible evidence in the courts of this State.

  (e) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this subchapter.

  (f) A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the Center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (Added 1999, No. 151 (Adj. Sess.), § 5; amended 2021, No. 20, § 160.)

• § 2056b. Dissemination of criminal history records to persons conducting research

  (a) The Vermont Crime Information Center may provide Vermont criminal history records as defined in section 2056a of this title to bona fide persons conducting research related to the administration of criminal justice, subject to conditions approved by the Commissioner of Public Safety to ensure the confidentiality of the information and the privacy of individuals to whom the information relates. Bulk criminal history data requested by descriptors other than the name and date of birth of the subject may only be provided in a format that excludes the subject’s name and any unique numbers that may reference the identity of the subject, except that court docket numbers and the State identification number may be provided. Researchers shall sign a user agreement that specifies data security requirements and restrictions on use of identifying information.

  (b) No person shall confirm the existence or nonexistence of criminal history record information to any person other than the subject and properly designated employees of an organization who have a documented need to know the contents of the record.

  (c) A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the Center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (Added 1999, No. 151 (Adj. Sess.), § 6; amended 2005, No. 169 (Adj. Sess.), § 1; 2007, No. 165 (Adj. Sess.), § 2; 2011, No. 31, § 5, eff. May 17, 2011; 2013, No. 119 (Adj. Sess.), § 3; 2021, No. 20, § 161.)

• § 2056c. Dissemination of criminal conviction records to the public

  (a) As used in this section:

  (1) “The Center” means the Vermont Crime Information Center.

  (2)(A) “Criminal conviction record” means the record of convictions in the Criminal Division of the Superior Court.

  (B) Release of conviction records by the Center pursuant to this section or pursuant to any other provision of State law that permits release of Vermont criminal records shall include only the charge for which the subject of the record was convicted, and shall not include docket numbers.

  (b) A person may obtain from the Center a criminal conviction record for any purpose provided that the requestor has completed a user’s agreement with the Center. The user’s agreement shall prohibit the alteration of criminal records and shall require the requestor to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy.

  (c) Criminal conviction records shall be disseminated to the public by the Center under the following conditions:

  (1) Public access to criminal conviction records shall be provided by a secure Internet site or other alternatives approved by the Center.

  (2) A requestor who wishes to receive criminal conviction records from the Center shall accept the terms of a user agreement with the Center. The user agreement shall specify the conditions under which record information is being released and specify guidelines for the proper interpretation and use of the information.

  (3) Prior to receiving criminal conviction records using the Center’s Internet site, a requestor shall establish a secure, online account with the Center. Issuance of the account is conditioned upon the requestor’s willingness to accept the terms of a user agreement with the Center that specifies the conditions under which record information is being released and specifies guidelines for the proper interpretation and use of the information.

  (4) All queries shall be by name and date of birth of the subject.

  (5) Only “no record” responses and record responses that constitute an exact match to the query criteria shall be returned automatically online. In the event that query criteria suggest a possible match, Center staff will determine whether the query criteria match a record in the repository and shall return the result to the requestor.

  (6) An electronic log shall be kept of all transactions that shall indicate the name of the requestor, the date of the request, the purpose of the request, and the result of the request. This log shall not be available to any person, other than Center staff on a need-to-know basis, except pursuant to a court order.

  (7) The Center’s Internet site shall provide an electronic mechanism for users to notify the Center of possible record errors.

  (8) The Center’s Internet site shall provide links to Center training information regarding best practices for the use of record checks as part of a complete background check process.

  (9) The Center shall charge a fee of $30.00 for each criminal record check query pursuant to this section.

  (10) No person entitled to receive a criminal conviction record pursuant to this section shall require an applicant to obtain, submit personally, or pay for a copy of his or her criminal conviction record, except that this subdivision shall not apply to a local governmental entity with respect to criminal conviction record checks for licenses or vendor permits required by the local governmental entity. (Added 1999, No. 151 (Adj. Sess.), § 7; amended 2005, No. 169 (Adj. Sess.), § 2; 2007, No. 165 (Adj. Sess.), §§ 3, 5; 2007, No. 165 (Adj. Sess.), § 9, eff. July 1, 2009; 2009, No. 108 (Adj. Sess.), § 9; 2009, No. 134 (Adj. Sess.), § 9a; 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 119 (Adj. Sess.), § 4.)

• § 2056d. Criminal history records and other identification records

  (a) Statewide criminal history records shall be released only by the Vermont Crime Information Center.

  (b) Information other than criminal history records, such as State identification numbers, shall be released only with the express approval of the Commissioner of Public Safety or in compliance with the order of a court of competent jurisdiction. (Added 1999, No. 151 (Adj. Sess.), § 8; amended 2005, No. 169 (Adj. Sess.), § 3; 2013, No. 119 (Adj. Sess.), § 5.)

• § 2056e. Dissemination of criminal history records to the Department of Buildings and General Services; security personnel

  (a) The Department of Buildings and General Services shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any applicant for a State security personnel position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user’s agreement filed by the Commissioner of Buildings and General Services with the Center. The user’s agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation’s National Crime Information Center.

  (b) As used in this section, “security personnel” means officers or employees of the State hired to perform security functions for the State, including protecting the public health and welfare; patrolling, securing, monitoring, and safekeeping the property, facilities, and grounds of the State; and exercising other law enforcement duties as may be authorized by State or federal law.

  (c) The Commissioner of Buildings and General Services shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any security personnel applicant after the applicant has received an offer of employment conditioned on the record check. Nothing in this section shall automatically bar a person who has a criminal record from applying or being selected for a security position.

  (d) The Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.

  (e) If no disqualifying record is identified at the State level, the Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant’s convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant’s fingerprints and a fee established by the Vermont Crime Information Center that shall be paid by the Department of Buildings and General Services.

  (f) The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Buildings and General Services that no record exists.

  (g) The Department of Buildings and General Services shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.

  (h) Upon completion of the application process under this section, the applicant’s fingerprint card and any copies thereof shall be destroyed.

  (i) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter. (Added 2001, No. 149 (Adj. Sess.), § 26, eff. June 27, 2002; amended 2013, No. 119 (Adj. Sess.), § 6; 2013, No. 194 (Adj. Sess.), § 7, eff. June 17, 2014; 2017, No. 113 (Adj. Sess.), § 139; 2019, No. 94 (Adj. Sess.), § 1, eff. April 28, 2020.)

• § 2056f. Dissemination of criminal history records and criminal convictions records to an individual

  A person may obtain a copy of his or her own criminal history record as defined in section 2056a of this title or criminal conviction record as defined in section 2056c of this title or a statement that no record exists from the Vermont Crime Information Center. Copies of a person’s criminal history record and criminal conviction record may be obtained by making a personal appearance at the Center during regular business hours or by written request. Written requests shall be on a form specified by the Center and shall contain the person’s name, date of birth, place of birth, and signature as attested to by a notary public. A raised seal must be affixed to the form. (Added 2005, No. 169 (Adj. Sess.), § 4; amended 2013, No. 119 (Adj. Sess.), § 7.)

• § 2056g. Repealed. 2007, No. 165 (Adj. Sess.), § 9.

• § 2056h. Dissemination of criminal history records to the Department of Financial Regulation

  (a) The Department of Financial Regulation shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation (FBI) for any applicant for a banking division examiner position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user’s agreement filed by the Commissioner of Financial Regulation with the Center. The user’s agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records, and the protection of individual privacy. The user’s agreement shall be signed and kept current by the Commissioner. Release of interstate and FBI criminal history records is subject to the rules and regulations of the FBI’s National Crime Information Center.

  (b) As used in this section, “banking division examiner” means employees of the State hired to perform onsite or offsite examinations of banks, credit unions, or any other entity licensed, regulated, or otherwise under the jurisdiction of the Banking Division of the Department of Financial Regulation.

  (c) The Commissioner of Financial Regulation shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any banking division examiner applicant after the applicant has received an offer of employment conditioned on the record check. Nothing in this section shall automatically bar a person who has a criminal record from applying or being selected for a banking division examiner position.

  (d) The Commissioner of Financial Regulation, through the Vermont Crime Information Center, shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.

  (e) If no disqualifying record is identified at the State level, the Commissioner of Financial Regulation, through the Vermont Crime Information Center, shall request from the FBI a national criminal history record check of the applicant’s convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant’s fingerprints and a fee established by the Vermont Crime Information Center, which shall be paid by the Department of Financial Regulation.

  (f) The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Financial Regulation that no record exists.

  (g) The Department of Financial Regulation shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.

  (h) Upon completion of the application process under this section, the applicant’s fingerprint card and any copies thereof shall be destroyed.

  (i) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter. (Added 2007, No. 49, § 1; amended 2013, No. 119 (Adj. Sess.), § 8; 2013, No. 194 (Adj. Sess.), § 8, eff. June 17, 2014; 2015, No. 23, § 146; 2017, No. 113 (Adj. Sess.), § 140.)

• § 2056i. Dissemination of criminal history records to the Department of Buildings and General Services; private contractors

  (a) Definitions. As used in this section:

  (1) “Criminal record” means the record of:

  (A) convictions in Vermont; or

  (B) convictions in other jurisdictions recorded in other state repositories or by the Federal Bureau of Investigation (FBI).

  (2) “Private contractor” means any individual who is performing specific services or functions for the Department of Buildings and General Services on State-owned or -leased property pursuant to a contract with the State or a subcontract with a person who has contracted with the State and includes an individual who is employed by a person that is performing specific services or functions for the Department of Buildings and General Services on State-owned or -leased property pursuant to a contract with the State or a subcontract with a person who has contracted with the State.

  (b) Authority. The Department of Buildings and General Services may obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any person who is or will be working in a private contractor position and any applicant for a private contractor position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user’s agreement filed by the Commissioner of Buildings and General Services with the Center. The user’s agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation’s National Crime Information Center.

  (c) Request process. A request made under this section shall be accompanied by a set of the person’s fingerprints.

  (d) Notice of records. Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the Commissioner a notice that no record exists or, if a record exists, a copy of any criminal record.

  (e) Process for sending information. The Commissioner may inform the contractor in writing of the approved level of access granted for each person for which a record was obtained, but shall not reveal the content of the record to the contractor.

  (f) Notice of rights. Information sent to a person by the Commissioner of Buildings and General Services under subsection (e) of this section shall be accompanied by a written notice of the person’s rights under subsection (g) of this section, a description of the policy regarding maintenance and destruction of records, and the person’s right to request that the notice of no record or record be maintained for purposes of using it to comply with future criminal record check requests pursuant to subsection (i) of this section.

  (g) Appeal. Any person subject to a criminal record check pursuant to this section may challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety.

  (h) Confidentiality. Criminal records and criminal record information received under this section are designated confidential unless, under subsection (e) of this section, or State or federal law or regulation, the record or information may be disclosed to specifically designated persons.

  (i) Recheck of records request. The Commissioner may request a name and date of birth or fingerprint-supported recheck of the criminal record for any person who is working in a private contractor position every three years or as otherwise required by law.

  (j) Maintenance or records. The Commissioner shall maintain the record or information pursuant to the user agreement for maintenance of records. At the end of the time required by the user agreement for maintenance of the information, the Commissioner shall destroy the information in accordance with the user agreement. (Added 2019, No. 94 (Adj. Sess.), § 2, eff. April 28, 2020.)

• § 2057. Information

  From time to time but at least annually, the Center shall publish information relating to criminal activity, arrests, convictions, and such other information as the Commissioner deems relevant. (Added 1969, No. 290 (Adj. Sess.), § 10.)

• § 2058. Repealed. 1971, No. 258 (Adj. Sess.), § 19.

• § 2059. Relationship to Departments of Corrections and of Motor Vehicles

  This chapter shall not apply to traffic offenses or any provisions of Title 23, 5 V.S.A. § 2001, or those sections of Title 32 that are administered by the Commissioner of Motor Vehicles. Notwithstanding any other provisions of this chapter, the Department of Corrections shall be only required to furnish statistical, identification, and status data, and the provisions shall not extend to material related to case supervision or material of a confidential nature, such as presentence investigation, medical reports, or psychiatric reports. (Added 1973, No. 205 (Adj. Sess.), § 5; amended 1979, No. 46, § 5, eff. April 26, 1979; 2021, No. 105 (Adj. Sess.), § 387, eff. July 1, 2022.)

• § 2060. Release of records

  The Center is authorized to release records or information requested under 33 V.S.A. § 6914, 26 V.S.A. § 1353, 24 V.S.A. § 4010, or 16 V.S.A. chapter 5, subchapter 4. (Added 1991, No. 159 (Adj. Sess.), § 1; amended 1993, No. 100, § 10; 1995, No. 51, § 4; 1997, No. 163 (Adj. Sess.), § 2; 2011, No. 61, § 6, eff. June 2, 2011; 2021, No. 105 (Adj. Sess.), § 388, eff. July 1, 2022.)

• § 2061. Fingerprinting

  (a) A law enforcement officer shall take, or cause to be taken, the fingerprints and photographs of a person if the person is arrested or given a summons or citation for a felony or for being a fugitive from justice.

  (b) A law enforcement officer may take, or cause to be taken, the fingerprints and photographs of a person who is arrested or given a summons or citation for a misdemeanor, only in the event that the officer would be permitted to make an arrest under Rule 3 of the Vermont Rules of Criminal Procedure.

  (c) A person who is to be fingerprinted and photographed under subsection (a) or (b) of this section and who is not arrested may be detained for a reasonable period of time for the sole purpose of obtaining the person’s fingerprints and photographs. Such a detention shall not constitute an arrest, and shall be for the sole purpose of accurately identifying the person. Upon completion of the fingerprinting and photographing, the detention shall terminate, and the person shall be released in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.

  (d) When a defendant who may be fingerprinted and photographed under subsection (a) of this section is arraigned and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court. When a defendant is arraigned for any misdemeanor and has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the arraignment, upon request of the attorney for the State and for good cause shown, the court shall order that the defendant submit to be fingerprinted and photographed at a time and place set by the court.

  (e) If a defendant is convicted of a misdemeanor or a felony and the conviction results in a sentence of imprisonment, whether that sentence is to be served, deferred, or suspended, and the defendant has not been previously fingerprinted and photographed in connection with the criminal proceedings leading to the conviction, upon the request of the attorney for the State, the defendant shall submit to be fingerprinted and photographed at a time and place set by the court as a condition of probation.

  (f) When a charge for a criminal offense is filed against a person already in the custody of a law enforcement agency or the Department of Corrections, and such charges are filed in a case separate from the case for which the person is in custody, the arresting officer or other appropriate official shall take the fingerprints and photographs of the person in connection with the new case.

  (g) Persons in charge of correctional facilities shall obtain fingerprints and photographs of all offenders lodged at correctional facilities pursuant to a criminal offense.

  (h) If a law enforcement officer or other authorized person requests to take the fingerprints and photographs of a person who may be fingerprinted and photographed under this section, that person shall submit to taking of fingerprints and photographs.

  (i) Fingerprints and photographs taken pursuant to this section shall be forwarded to the Vermont Crime Information Center.

  (j) In all cases, fingerprints and photographs shall be taken in the form specified by the Commissioner of Public Safety, and shall be accompanied by additional identifying demographic information as required by rules adopted by the Commissioner.

  (k) The Vermont Crime Information Center, law enforcement agencies, and correctional facilities shall destroy all copies of fingerprints and photographs of accused persons that were taken in connection with a particular alleged offense in any of the following circumstances:

  (1) No criminal charge is filed by the State.

  (2) The court does not make a determination of probable cause at the time of arraignment or dismisses the charge at the time of arraignment.

  (3) The defendant is acquitted after a trial of all charges related to the incident that prompted the taking of the fingerprints and photographs.

  (4) All criminal charges related to an incident that caused fingerprints and photographs to be taken are dismissed by either the court or the State after arraignment, unless the attorney for the State can show good cause why the fingerprints and photographs should not be destroyed.

  (l) The Vermont Crime Information Center shall establish procedures for providing prompt notification to law enforcement agencies and correctional facilities where the destruction of photographs and fingerprints is required.

  (m) The Vermont Crime Information Center may electronically transmit fingerprints and photographs of accused persons to the Federal Bureau of Investigation (FBI) at any time after arrest, summons, or citation. If the Vermont Crime Information Center forwards fingerprints and photographs to the FBI and the defendant is acquitted, the Vermont Crime Information Center shall request the FBI to destroy the fingerprints and photographs. If the Vermont Crime Information Center forwards fingerprints and photographs to the FBI and all charges against the defendant are dismissed, the Vermont Crime Information Center shall request the FBI to destroy the fingerprints and photographs, unless the attorney for the State can show good cause why the fingerprints and photographs should not be destroyed.

  (n) The Commissioner of Public Safety shall adopt rules to implement this section. (Added 1999, No. 151 (Adj. Sess.), § 2; amended 2009, No. 58, § 18.)

• § 2062. Fingerprinting fees

  State, county, and municipal law enforcement agencies may charge a fee of not more than $35.00 for providing persons with a set of classifiable fingerprints. No fee shall be charged to retake fingerprints determined by the Vermont Crime Information Center not to be classifiable. Fees collected by the State of Vermont under this section shall be credited to the Fingerprint Fee Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Public Safety to offset the costs of providing these services. (Added 1999, No. 151 (Adj. Sess.), § 3; amended 2009, No. 134 (Adj. Sess.), § 9b; 2013, No. 119 (Adj. Sess.), § 9; 2021, No. 147 (Adj. Sess.), § 36, eff. May 31, 2022.)

• § 2063. Criminal history record fees; Criminal History Record Check Fund

  (a) Except as otherwise provided for in this section, the cost of each check for a criminal history record as defined in section 2056a of this title or a criminal conviction record as defined in section 2056c of this title based on name and date of birth shall be $30.00. Out-of-state criminal history record checks shall include any additional fees charged by the state from which the record is requested.

  (b) Requests made by criminal justice agencies for criminal justice purposes or other purposes authorized by State or federal law shall be exempt from all record check fees. The following types of requests shall be exempt from the Vermont criminal record check fee:

  (1) Requests made by any individual, organization, or governmental body doing business in Vermont that has one or more individuals performing services for it within this State and is a qualified entity that provides care or services to children, elders, or persons with disabilities as defined in 34 U.S.C. § 40104.

  (2) Requests made by researchers approved by the Vermont Crime Information Center to conduct research related to the administration of criminal justice. A fee, however, may be charged by the Center, which shall reflect the cost of generating the requested information.

  (3) Requests made by individuals to review their own record at the Vermont Crime Information Center; however, copies of the individual’s record are not exempt from the record check fee.

  (4) Requests made by the Vermont State Housing Authority and other public housing authorities pursuant to 24 V.S.A § 4010(c).

  (5) Requests made by environmental enforcement officers employed by the Agency of Natural Resources.

  (c)(1) The Criminal History Record Check Fund is established and shall be managed by the Commissioner of Public Safety in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. The fees paid each year under this section shall be placed in the Fund and used for personal services and operating costs related to the processing, maintenance, and dissemination of criminal history records. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts.

  (2) At the end of each fiscal year, any undesignated surplus in the Fund shall be transferred to the General Fund.

  (d) The Department of Public Safety shall have the authority, with the approval of the Secretary of Administration, to establish limited service positions as are necessary to provide criminal record checks in a timely manner, provided that there are sufficient funds in the Criminal History Record Check Fund to pay for the costs of these positions. (Added 1999, No. 151 (Adj. Sess.), § 4; amended 2005, No. 169 (Adj. Sess.), § 6; 2007, No. 76, § 33a; 2007, No. 165 (Adj. Sess.), §§ 4, 9; 2007, No. 165 (Adj. Sess.), § 6, eff. July 1, 2009; 2009, No. 54, § 61, eff. June 1, 2009; 2013, No. 96 (Adj. Sess.), § 121; 2013, No. 119 (Adj. Sess.), § 10; 2015, No. 172 (Adj. Sess.), § E.208.1.)

• § 2064. Subscription service

  (a) As used in this section:

  (1) “State Identification Number (SID)” means a unique number generated by the Center to identify a person in the criminal history database.

  (2) “Subscription service” means a service provided by the Center through which authorized requestors may be notified when an individual’s criminal record is updated.

  (b) The Center shall provide the Department for Children and Families and education officials authorized under 16 V.S.A. chapter 5, subchapter 4 to receive criminal records access to a criminal record subscription service. Authorized persons may subscribe to an individual’s SID number, provided the individual has given written authorization on a release form provided by the Center.

  (c) The release form shall contain the individual’s name, signature, date of birth, and place of birth. The release form shall state that the individual has the right to appeal the findings to the Center, pursuant to rules adopted by the Commissioner of Public Safety.

  (d) The Center shall provide authorized officials with information regarding the subscription service offered by the Center prior to being authorized to participate in the subscription service. The materials shall address the following topics:

  (1) Requirements of subscription, renewal, and cancellation with the service.

  (2) How to interpret the criminal conviction records.

  (3) How to obtain source documents summarized in the criminal conviction records.

  (4) Misuse of the subscription service.

  (e) Authorized officials shall certify on their subscription request that they have read and understood materials prior to receiving authorization to request a subscription from the Center.

  (f) During the subscription period, the Center shall notify authorized officials in writing if new criminal conviction information is added to an individual’s criminal history record. Notification may be sent electronically.

  (g) An authorized official who receives a criminal conviction record pursuant to this section shall provide a free copy of such record to the subject of the record within ten days of receipt of the record.

  (h) Except insofar as criminal conviction record information must be retained or made public pursuant to 16 V.S.A. chapter 51 or the State Board of Education administrative rules adopted pursuant to that chapter, no person shall confirm the existence or nonexistence of criminal conviction record information or disclose the contents of a criminal conviction record without the individual’s permission to any person other than the individual and properly designated employees of the authorized education official who have a documented need to know the contents of the record.

  (i) Except insofar as criminal conviction record information must be retained or made public pursuant to 16 V.S.A. chapter 51 or the State Board of Education administrative rules adopted pursuant to that chapter, authorized education officials shall confidentially retain all criminal conviction information received pursuant to this section for a period of three years. At the end of the retention period, the criminal conviction information must be shredded.

  (j) A person who violates any subsection of this section shall be assessed a civil penalty of not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. The Attorney General shall have authority to enforce this section. (Added 2009, No. 1, § 8, eff. July 1, 2010; amended 2021, No. 20, § 162.)

• § 2065. Ratification of the National Crime Prevention and Privacy Compact

  (a) The Vermont General Assembly hereby approves and ratifies the National Crime Prevention and Privacy Compact, 34 U.S.C. §§ 40311- 40316. The Compact shall remain in effect until legislation is enacted renouncing or rescinding the Compact.

  (b) The Commissioner of the Department of Public Safety shall execute, administer, and implement the Compact on behalf of the State, and may adopt rules as necessary for the national exchange of criminal history records for noncriminal justice purposes.

  (c) Criminal history records as defined in subdivision 2056a(a)(1) of this title shall be made available to lawfully entitled requestors in other states according to the provisions of the National Crime Prevention and Privacy Compact.

  (d) Nothing in this section shall alter the duties and responsibilities of the Commissioner of the Department of Public Safety regarding the dissemination of criminal history records within the State of Vermont pursuant to statute. (Added 2009, No. 108 (Adj. Sess.), § 1.)