Vermont § 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.)