Vermont Arrest Records

In 2022, there were an estimated 12,124 arrests in Vermont compared to 9,523 the previous year, marking a 27.3% increase. The state experienced 222 per 100,000 violent crimes, 42 percent lower than the national average. It has the region's sixth-lowest violent crime rate and the eighth-lowest in the nation. This can be attributed to limited gun control. When it comes to property crime, it is listed as having the 18th lowest rate in the country. The population is more susceptible to drug crimes, considering 1,046 individuals, 276 people died from overdoses, and 25 individuals were homicide victims.

What Is an Arrest Under Vermont State Law?

Arrests generally are lawful detainments by law enforcement officers or private citizens, provided there is reasonable cause or information that a suspect has committed a crime. That is provided the crime is of a prison term that exceeds a year. When the person is taken into custody, they are to be arraigned before a judge as soon as possible, so the complaint is made against them under oath. The state will set the grounds for the arrests according to state law, and the accused's answer will be heard.

Type of Arrests in Vermont

There are three main types of arrest in Vermont.

Arrest with a Warrant

When there is an indictment or information indicating probable cause that a crime has been committed, the judicial officer will provide a warrant for the arrest of a person. This is given to any law enforcement officer authorized by the state regulations to implement it. Arrest warrants may also be issued if the defendant does not appear because of a judicial summon. This arrest warrant is mainly limited to arrest during court hours and orders that the accused is immediately presented before the courts.

Arrest Without a Warrant

Arrests without warrants typically may occur for several reasons. If a person has committed a felony offense, a police officer can arrest them without having a warrant if they have probable cause to believe a felony has been committed. Arrests without a warrant may also happen for misdemeanor offenses done in the presence of a police officer. That is provided the act was done in the presence of the law enforcement officer or there is probable cause to believe the suspect did the crime. This arrest should be made during the commission of the crime or without unreasonable delay.

What Are Vermont State Arrests Records?

Vermont arrest records are official documentation generated when a person is apprehended and detained by the state. These records generally contain information about the person's interaction with law enforcement agencies and their arraignment. According to 1 V.S.A §§ 315-320, all parties have the right to request inspection or copying of arrest records. They may include the names of the person arrested, the charges filed, the arresting agency, the officer, the location, the time, and the date of the arrest.

How Can Arrest Records Be Accessed in Vermont?

Generally , arrest records are accessible to all interested parties in Vermont. Particular records, though, are not available to all parties. These are documents that have been sealed because they entail juveniles or ongoing criminal investigations. Arrest records involving domestic abuse are also considered sensitive and may only be accessed by certain parties. The records may be viewed in person, via mail, or online.

Mail Requests for Arrest Records

Parties may access arrest records by determining the county where the arrest took place and mailing the sheriff's office or the local police station where the person was booked. Alternatively, individuals may send a request to the Vermont Crime Information Center, which will provide a conviction report of the accused. This may contain more details than their arrest, including court dates, pleas, decisions, and convictions.

In-person Requests for Arrest Records

Considering arrest records are deemed public, interested parties may contact the local sheriff's office or the police department. That is provided that one of their officers conducted the arrest, and the suspect is detained in their premises. Head on to their offices during working hours and request the relevant information. Suppose the person does not know the police department or sheriff's office. In that case, it is possible to get the same information by visiting the Vermont Crime Information Center during working hours.

Online Requests for Arrest Records

In Vermont, the VCIC is the primary option for online records requests. Depending on the county, one may also access arrest records from the sheriff's office or the police department website if they offer that option. Parties may also get a police report from the state police website. They will have to provide the VSP number, the names of the parties, and the date of the arrest.

How Long Will an Arrest Report Stay on Your Vermont Records?

Generally , arrest records remain on the state record unless they are sealed or expunged. Parties may also request that the arrest record be sealed or expunged, provided they fulfill certain considerations. Felonies like murder or sexual assault, for example, cannot be expunged.

Can You Expunge Your Arrest Records in Vermont?

There is a difference between having records expunged and sealed. Expunging means all records concerning the charge are physically destroyed according to a court order. Sealing a record means the file is marked as confidential, but it is not destroyed. Vermont allows individuals to have their arrest records expunged in some instances. Dismissed charges may be expunged or sealed if they were dismissed before July 2018. If this was the case, it should be automatically sealed, but one can put in a request to expunge the record.

Similarly, a conviction for an offense that is no longer a crime may also be expunged if the requirements are met. Convictions on drug possession crimes for amounts that are no longer a crime can also be expunged. Misdemeanor convictions for possession of marijuana are automatically expunged, though, interested parties are advised to contact the appropriate court to follow up on expungement. The requirements may include the passage of ten years, not being charged with other crimes, paying public defender fees, and paying the restitution fees or fines.

Is Citizen's Arrest Legal in Vermont?

According to 13 VSA § 4954, citizen's arrest is legal in Vermont; it is well regulated because it must be cautiously approached. If a felony is committed and there are reasonable grounds to believe a person has committed the crime, it is possible to implement a citizen's arrest. Citizens are generally not allowed to arrest a person for misdemeanors unless the crime also entails a breach of the peace and happens within the citizen's presence.

Force during a citizen's arrest is normally not encouraged, but it is permitted if necessary, considering the context. Excessive force on a suspect may also result in criminal liability. When the arrest has been made, the individual will immediately hand over the arrested person to the authorities. If there is a case of mistaken identity, a private citizen who has wrongfully arrested another person can be subject to legal consequences.

How to Look Up Arrest Warrants in Vermont

Requesting parties may look up arrest warrants in Vermont through local law enforcement or provided platforms.

Contact Law Enforcement Agencies

Local and state law enforcement authorities are the main repositories for arrest warrants. Requesters may start at the sheriff's office, considering each maintains warrants issued within their jurisdiction. Depending on the police department or sheriff's office, one may check their website for this information, as some provide continuously updated sites.

Alternatively, record seekers may visit their offices during working hours and ask for warrant information. Some may facilitate mail requests, but their offices should confirm that before proceeding. The Vermont State Police generally also have warrant information, which may be revealed upon request. In either case, requesters must provide adequate details about the party on the record and their identification to process the record.

Vermont Criminal Information Center

Arrest warrants may also be obtained from the VCIC, which is the state's central repository for criminal records. The VCIC does not directly provide warrant checks, though an interested party may request a criminal background check via the website. These typically cost $30, and the fee is payable by cash, check, money order, or credit card.

Vermont Judiciary Public Portal

Parties may also view criminal records from the Vermont Judiciary Public Portal. It allows individuals to search for criminal records, which may include outstanding warrants. Navigate to the portal and do a name-based search to get the case information. It should also include details on whether the person has active warrants. While the portal has case information, not every warrant is available online.

County Clerk

Interested parties may also contact the clerk of the court within the county where it is believed the warrant was given. The clerk typically can access court records detailing information on any outstanding warrants. Requesters can visit them in person to get the records, though some offices may allow one to get the information online or via mail.