§ 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.)