§ 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.)