Vermont § 2372 - Statewide model policy; use of sealed criminal history records by law enforcement agencies

§ 2372. Statewide model policy; use of sealed criminal history records by law enforcement agencies

• (a) As used in this section: (1) “Criminal history records” has the same meaning as in section 2056a of this title. (2) “Criminal justice purposes” has the same meaning as in section 2056a of this title. (3) “Law enforcement agency” has the same meaning as in section 2351a of this title. (b) On or before December 15, 2025, the Vermont Criminal Justice Council shall establish
  a statewide model policy governing the access and use of sealed criminal history records
  by Vermont law enforcement agencies. The purpose of the policy is to ensure consistent
  statewide application of law and practice regarding the access and use of sealed criminal
  history information for criminal justice purposes under 13 V.S.A. chapter 230, balancing the confidentiality of this information with legitimate criminal justice
  purposes. If a law enforcement agency or officer was required to adopt a policy pursuant
  to this subsection but failed to do so on or before March 15, 2026, that agency or
  officer shall be deemed to have adopted, and shall follow and enforce, the model policy
  established by the Criminal Justice Council. The policy shall govern the access and
  use of sealed criminal history records by all law enforcement officers in the State
  and shall include the following provisions consistent with 13 V.S.A. chapter 230: (1) define the types of sealed criminal history records that may be accessed and used,
  including sealed criminal history records contained in records of arrests and prosecutions,
  and sealed criminal history records contained in computer-aided dispatch and record
  management systems; (2) define a record-keeping system through which the law enforcement agency maintains
  records of each instance in which an officer has accessed or used a sealed criminal
  history record; and (3) comply with applicable State and federal law. (c) The Criminal Justice Council shall: (1) adopt rules to ensure that the policies and standards of this section are met; and (2) develop, publish, and periodically review the statewide model policy established pursuant
  to subsection (b) of this section. (Added 2025, No. 60, § 5, eff. July 1, 2025.)