Access to Criminal Records

V.S.A. tit. 16, ch. 5, subch. 4

in effect

16 V.S.A. § 251 Policy

251. Policy It is the policy of the State of Vermont to use criminal record checks to deter abuse and exploitation of school children and to do so in a manner that protects, as much as is practicable, the privacy of those subject to such checks. Added 1997, No. 163 (Adj. Sess.), § 1.

16 V.S.A. § 252 Definitions

252. Definitions As used in this subchapter: (1) “Criminal record” means the record of: (A) convictions in Vermont, including whether any of the convictions is an offense listed in 13 V.S.A. § 5401(10) (sex offender definition for registration purposes); and (B) convictions in other jurisdictions recorded in other state repositories or by the Federal Bureau of Investigation (FBI). (2) “School board” means the board of school directors of a school district or its equivalent in any independent school. (3) “School district” means, unless the context otherwise clearly requires, a school district or a supervisory union. (4) “Unsupervised” means not in the presence of a responsible adult in the employ of or under the direction of the independent school or school district. (5) “User agreement” means an agreement between the Vermont Crime Information Center and a party requesting and receiving criminal record information that requires the party to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal record information and the protection of individual privacy. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 54, § 17; 2009, No. 1, § 6b; 2009, No. 108 (Adj. Sess.), § 2.

16 V.S.A. § 253 Confidentiality of records

253. Confidentiality of records (a) Criminal records and criminal record information received under this subchapter are designated confidential unless, under State or federal law or regulation, the record or information may be disclosed to specifically designated persons. (b) The Secretary, a superintendent, or a headmaster may disclose criminal records and criminal record information received under this subchapter to a qualified entity upon request, provided that the qualified entity has signed a user agreement and received authorization from the subject of the record request. As used in this section, “qualified entity” means an individual, organization, or governmental body doing business in Vermont that has one or more individuals performing services for it within the State and that provides care or services to children, persons who are elders, or persons with disabilities as defined in 34 U.S.C. § 40104. (c) In accordance with 21 V.S.A. § 306, a board member, superintendent, or headmaster shall not enter into on behalf of a supervisory union, school district, or recognized or approved independent school a confidential employment separation agreement that inhibits the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee’s background that would lead a reasonable person to conclude that the prospective employee has engaged in conduct jeopardizing the safety of a minor. Notwithstanding any provision of law to the contrary under 33 V.S.A. chapter 49, a board member, superintendent, or headmaster and employees of a supervisory union, school district, or recognized or approved independent school shall provide factually correct information concerning a former employee’s employment record with the supervisory union, school district, or recognized or approved independent school to a prospective employer of that individual if requested by the prospective employer. Nothing in this subsection shall permit the disclosure of information that is prohibited from disclosure by subsection (b) of this section. Notwithstanding any provision of law to the contrary, a person shall not be subject to civil or criminal liability for disclosing information that is required by this section to be disclosed if the person was acting in good faith. This immunity from liability shall not apply when the information supplied by a person is knowingly false or rendered with a malicious purpose. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2013, No. 56, § 7c, eff. May 30, 2013; 2018, No. 5 (Sp. Sess.), § 2, eff. June 19, 2018; 2021, No. 20, § 55.

16 V.S.A. § 254 Educator licensure; employment of superintendents

254. Educator licensure; employment of superintendents (a) The Secretary shall sign and keep a user agreement with the Vermont Crime Information Center. (b) The Secretary shall request and obtain from the Vermont Crime Information Center the criminal record for any person applying for an initial license as a professional educator or for reinstatement of a license that has lapsed pursuant to subdivision 256(a)(1)(C) of this title or for any person who is offered a position as superintendent of schools in Vermont. (c) A request made under subsection (b) of this section shall be accompanied by a release signed by the person on a form provided by the Vermont Crime Information Center, a set of the person’s fingerprints, and a fee established by the Vermont Crime Information Center that shall reflect the cost of obtaining the record. The fee shall be paid by the applicant. The release form to be signed by the applicant shall include a statement informing the applicant of: (1) the right to challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety; and (2) the Secretary of Education’s policy regarding maintenance and destruction of records and the person’s right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests made pursuant to section 256 of this title. (d) Upon completion of a criminal record check required by subsection (b) of this section, the Vermont Crime Information Center shall send to the Secretary either a notice that no record exists or a copy of the record. If a copy of a criminal record is received, the Secretary shall forward it to the person and shall inform the person in writing of: (1) the right to challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety; and (2) the Secretary of Education’s policy regarding maintenance and destruction of records and the person’s right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests made pursuant to section 256 of this title. (e) The Secretary shall request and obtain information from the Child Protection Registry maintained by the Department for Children and Families and from the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities, Aging, and Independent Living (collectively, the Registries) for any person for whom a criminal record check is required under subsection (b) of this section and shall request updated information for any person seeking renewal of a professional educator’s license. The Departments for Children and Families and of Disabilities, Aging, and Independent Living shall adopt rules governing the process for obtaining information from the Registries and for disseminating and maintaining records of that information under this subsection. A person denied a license based upon information acquired under this subsection may appeal the decision pursuant to subsection 1696(f) of this title. (f) A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for an initial license as a professional educator, renewal of a license, reinstatement of a lapsed license, or employment as a superintendent of schools in Vermont under this section. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2005, No. 182 (Adj. Sess.), § 18; 2009, No. 1, § 4, eff. Dec. 31, 2010; 2013, No. 56, § 6, eff. May 30, 2013; 2013, No. 119 (Adj. Sess.), § 12.

16 V.S.A. § 254a Agency of Education employees

254a. Agency of Education employees (a) The Agency of Education shall request criminal record information for a person the Secretary of Education is prepared to recommend for any full-time, part-time, or temporary employment or contractual relationship with the Agency if such person will have or has the potential to have unsupervised contact with students (the applicant). (b) After signing a user agreement, the Secretary shall make a request for criminal records directly to the Vermont Crime Information Center. (c) A request made under subsection (b) of this section shall be accompanied by a release signed by the applicant on a form provided by the Vermont Crime Information Center and a set of the applicant’s fingerprints. The Agency shall pay the fingerprinting fee required pursuant to 20 V.S.A. § 2062 and shall pay any fee required by the FBI associated with a fingerprint-supported criminal record check. The release form to be signed by the applicant shall include a statement informing the applicant of: (1) the right to challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety; and (2) the Secretary of Education’s policy regarding maintenance and destruction of records and the applicant’s right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests made pursuant to section 256 of this title. (d) Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the Secretary a notice that no record exists or, if a record exists, a copy of any criminal record. If a copy of a criminal record is received, the Secretary shall forward it to the applicant and shall inform the applicant in writing of: (1) the right to challenge the accuracy of the record by appealing to the Vermont Crime Information Center pursuant to rules adopted by the Commissioner of Public Safety; and (2) the Secretary of Education’s policy regarding maintenance and destruction of records and the applicant’s right to request that the record or notice be maintained for purposes of using it to comply with future criminal record check requests made pursuant to section 256 of this title. (e) The Secretary shall request and obtain information from the Child Protection Registry maintained by the Department for Children and Families and from the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities, Aging, and Independent Living (collectively, the Registries) for any applicant for whom a criminal record check is required under subsection (a) of this section. The Departments for Children and Families and of Disabilities, Aging, and Independent Living shall adopt rules in accordance with 3 V.S.A. chapter 25 governing the process for obtaining information from the Registries and for disseminating and maintaining records of that information under this subsection. (f) An applicant convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for employment with the Agency. Added 2025, No. 160 (Adj. Sess.), § 3, eff. July 1, 2026.

16 V.S.A. § 255 Public and independent school employees; contractors

255. Public and independent school employees; contractors (a) Superintendents, headmasters of recognized or approved independent schools, and their contractors shall request criminal record information for the following: (1) the person a superintendent or headmaster is prepared to recommend for any full-time, part-time, or temporary employment; (2) any person directly under contract to an independent school or school district who may have unsupervised contact with school children; (3) any employee of a contractor under contract to an independent school or school district who is in a position that may result in unsupervised contact with school children; (4) any student working toward a degree in teaching who is a student teacher in a school within the superintendent’s or headmaster’s jurisdiction. (b) After signing a user agreement, a superintendent or a headmaster shall make a request directly to the Vermont Crime Information Center. A contractor shall make a request through a superintendent or headmaster. (c) A request made under subsection (b) of this section shall be accompanied by a set of the person’s fingerprints and a fee established by the Vermont Crime Information Center that shall reflect the cost of obtaining the record from the FBI. The fee shall be paid in accordance with adopted school board policy. (d)(1) Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the superintendent a notice that no record exists or, if a record exists, a copy of any criminal record. (2) Upon completion of a criminal record check, the Vermont Crime Information Center shall send to the headmaster a notice that no record exists or, if a record exists: (A) A copy of Vermont criminal convictions. (B) A notice of any criminal record that is located in either another state repository or FBI records, but not a record of the specific convictions. However, if there is a record relating to any crimes of a sexual nature involving children, the Vermont Crime Information Center shall send this record to the Secretary who shall notify the headmaster in writing, with a copy to the person about whom the request was made, that the record includes one or more convictions for a crime of a sexual nature involving children. (e) Information received by a superintendent or headmaster under subsection (d) of this section shall be forwarded as follows: (1) In the case of a request other than one made on behalf of a contractor, the superintendent or headmaster shall forward a copy of the information to the person about whom the request was made. (2) In the case of a request made on behalf of a contractor, the superintendent or headmaster shall inform the contractor in writing either that no record exists or that a record does exist but shall not reveal the content of the record to the contractor. The contractor shall then forward a copy of the information received to the person about whom the request was made. (f) Information sent to a person by the Secretary, a headmaster, a superintendent, or a contractor 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 section 256 of this title. (g)(1) Following notice that a headmaster was notified that a criminal record that is located in either another state repository or FBI records exists, a person may: (A) sign a form authorizing the Vermont Crime Information Center to release a detailed copy of the criminal record to the person; or (B) decline or resign employment. (2) 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) A superintendent or headmaster shall request and obtain information from the Child Protection Registry maintained by the Department for Children and Families and from the Vulnerable Adult Abuse, Neglect, and Exploitation Registry maintained by the Department of Disabilities, Aging, and Independent Living (collectively, the Registries) for any person for whom a criminal record check is required under subsection (a) of this section. The Department for Children and Families and the Department of Disabilities, Aging, and Independent Living shall adopt rules governing the process for obtaining information from the Registries and for disseminating and maintaining records of that information under this subsection. (i) A person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3 shall not be eligible for employment under this section. (j) The board of trustees of a recognized or approved independent school shall request a criminal record check and a check of the Registries pursuant to the provisions of this section prior to offering employment to a headmaster. (k) The requirements of this section shall not apply to superintendents and headmasters with respect to persons operating or employed by a child care facility, as defined under 33 V.S.A. § 3511, that provides prekindergarten education pursuant to section 829 of this title and that is required to be licensed by the Department for Children and Families pursuant to 33 V.S.A. § 3502. Superintendents and headmasters are not prohibited from conducting a criminal record check as a condition of hiring an employee to work in a child care facility that provides prekindergarten education operated by the school. (l) The requirements of this section shall not apply with respect to a school district’s partners in any program authorized or student placement created by chapter 23, subchapter 2 of this title; provided, however, that superintendents are not prohibited from requiring a fingerprint-supported record check pursuant to district policy with respect to its partners in such programs. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 5, eff. Dec. 31, 2010; 2009, No. 108 (Adj. Sess.), § 3; 2011, No. 31, § 3, eff. May 17, 2011; 2013, No. 92 (Adj. Sess.), § 35, eff. Feb. 14, 2014; 2013, No. 119 (Adj. Sess.), § 13; 2017, No. 49, § 34, eff. May 23, 2017.

16 V.S.A. § 256 Continued validity of criminal record check; maintenance of records

256. Continued validity of criminal record check; maintenance of records (a)(1) Anyone required to request a criminal record check under this subchapter about a person who previously has undergone a check, regardless of whether the check was for student teaching, licensure, or employment purposes, shall comply with that requirement by acquiring the results of the previous criminal record check unless: (A) the person refuses to authorize release of the information; (B) the record no longer exists; (C) since the record check, there has been a period of one year or more during which the person has not worked for a Vermont school district, a recognized or an approved independent school, or the Agency of Education; or (D) as otherwise required by this chapter. (2) Anyone required to request a criminal record check under this subchapter about a person who has previously undergone a check may request a name and date of birth or fingerprint-supported recheck of the criminal record at any time during the course of the record subject’s employment in the capacity for which the original check was required. Rechecking criminal records may be accomplished through a subscription service. (b) A superintendent or headmaster who receives criminal record or registry information under this subchapter 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 superintendent or headmaster shall destroy the information in accordance with the user agreement unless the person authorizes maintenance of the record. If authorized by the person, the superintendent or headmaster shall: (1) if the information is a notice of no criminal record, securely maintain the information indefinitely; or (2) if the information is a criminal record or notice of the existence of a criminal record, send it to the Secretary for secure maintenance in a central records repository. (c) Upon authorization by the person, the Secretary shall release information maintained in the central records repository to a requesting superintendent or, in the case of a requesting headmaster, to the person. The Secretary shall maintain the notice or record in the repository at least until the person ceases working for a Vermont school district or independent school for a period of one year or more or until the person requests that the record be destroyed. (d) The State Board may adopt rules regarding maintenance of records. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 6, eff. Dec. 31, 2010; 2013, No. 56, § 7, eff. May 30, 2013; 2013, No. 92 (Adj. Sess.), § 36, eff. Feb. 14, 2014; 2025, No. 160 (Adj. Sess.), § 4, eff. July 1, 2026.

16 V.S.A. § 257 Fees for fingerprinting; Fingerprint Fee Special Fund

257. Fees for fingerprinting; Fingerprint Fee Special Fund State, county, and municipal law enforcement agencies may charge a fee of up to $35.00 for providing applicants or other individuals with a set of classifiable fingerprints as required by this subchapter. 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 1997, No. 163 (Adj. Sess.), § 1; amended 2021, No. 147 (Adj. Sess.), § 37, eff. May 31, 2022.

16 V.S.A. § 258 Notice; license applications; job applications; employees

258. Notice; license applications; job applications; employees (a) Each application for an initial teaching license shall contain a statement that the applicant will be required to undergo a criminal record check, including an FBI fingerprint record check, and that receipt of the license may be dependent upon the results of the check. (b) Each job application provided by a school district or independent school shall contain a statement that, if the superintendent or headmaster is prepared to recommend the person for a job, the applicant will be required to undergo a criminal record check, including an FBI fingerprint record check, and that employment may be dependent upon the results of the check. Added 1997, No. 163 (Adj. Sess.), § 1.

16 V.S.A. § 259 Penalties; remedy

259. Penalties; remedy (a) A person who, without authorization, discloses criminal record check information received under this subchapter shall be fined not more than $2,000.00. Each unauthorized disclosure shall constitute a separate violation. (b) A person who suffers damages as a result of willful unauthorized disclosure of criminal record check information received under this subchapter may recover those damages together with reasonable attorney’s fees in a civil action. (c) In addition to any other penalties described in this section, the Secretary may initiate a review of the professional licensure of any person who willfully discloses criminal record check information received under this subchapter. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2013, No. 92 (Adj. Sess.), § 37, eff. Feb. 14, 2014.

16 V.S.A. § 260 School board policies

260. School board policies Each school board shall adopt a policy on supervision of volunteers and work study students. Policies shall require that superintendents, headmasters of recognized or approved independent schools, and their contractors check the names and birth dates of any work study students with the Vermont Internet Sex Offender Registry prior to allowing work study students unsupervised contact with schoolchildren. A person who is on the Registry shall not be eligible to be a work study student. Added 1997, No. 163 (Adj. Sess.), § 1; amended 2009, No. 1, § 7b, eff. March 4, 2009; 2013, No. 92 (Adj. Sess.), § 38, eff. Feb. 14, 2014.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/005Fetched: 10/21/2026