Arrest records are public documents in Burlington, Vermont, pursuant to the Vermont Public Records Act (1 V.S.A. §§ 315-320). This legislation establishes that government records, including those pertaining to arrests made by law enforcement agencies, shall be accessible to members of the public. The Act serves to maintain transparency in governmental operations and accountability within the criminal justice system. Under Vermont law, these records are considered public unless specifically exempted by statute, court rule, or common law privilege.
The Vermont Public Records Act stipulates that any person has the right to inspect or copy any public record of a public agency. Law enforcement agencies in Burlington, including the Burlington Police Department, are required to comply with requests for arrest records in accordance with established protocols and within statutory timeframes, typically within three business days of receipt of such request.
Members of the public seeking Burlington arrest records may utilize several official channels to obtain this information. The Vermont Judiciary has established multiple access points to accommodate various needs and preferences:
Online Database Access: The Vermont Judiciary maintains electronic records that can be accessed through designated public terminals. Certain records may be available through the Vermont Criminal Justice Council's public records database.
Burlington Police Department: Individuals may submit requests directly to the Burlington Police Department for arrest records. Burlington Police Department 1 North Avenue Burlington, VT 05401 Phone: (802) 658-2704
Chittenden County Courthouse: Records may be obtained from the clerk's office at the courthouse where the case was processed. Chittenden Superior Court 175 Main Street Burlington, VT 05401 Phone: (802) 651-1950 Hours: Monday-Friday, 8:00 AM - 4:30 PM
Vermont Judicial Bureau: For violations and citations that do not result in criminal charges. Vermont Judicial Bureau 32 Cherry Street, Suite 287 Burlington, VT 05401 Phone: (802) 651-1939
Written Requests: Pursuant to 1 V.S.A. § 318, written requests may be submitted to the custodian of records at the relevant agency, who must respond within statutory timeframes.
Requestors should be prepared to provide specific information to facilitate the search, including the full name of the individual, date of birth (if known), and approximate date of the arrest. Fees may apply for copying services as authorized under 1 V.S.A. § 316.
Burlington arrest records typically contain comprehensive documentation of an individual's interaction with law enforcement during and following an arrest. These records are maintained in accordance with Vermont Criminal Procedure Rule 3 and include the following standard components:
It should be noted that certain sensitive information may be redacted from public versions of arrest records in accordance with exemptions provided in 1 V.S.A. § 317(c), including information that could compromise ongoing investigations or constitute an unwarranted invasion of personal privacy.
The State of Vermont provides legal mechanisms for the expungement or sealing of arrest records under specific circumstances as codified in 13 V.S.A. § 7601-7610. Expungement effectively removes the record from public access, while sealing restricts access to authorized government agencies only.
Eligibility criteria for expungement or sealing of Burlington arrest records include:
The expungement process requires petitioners to file a formal application with the United States District Court or the Chittenden Superior Court, depending on jurisdiction. The petition must include:
Upon receipt of a petition, the court will schedule a hearing where the State's Attorney may contest the expungement request. The court will evaluate whether granting expungement serves the interest of justice and poses no threat to public safety. If approved, all public records of the arrest, including those maintained by the Burlington Police Department and the Vermont Crime Information Center, will be expunged or sealed as ordered.
Individuals seeking assistance with the expungement process may contact the Crisis, Advocacy, Intervention Programs for guidance on restorative justice options that may facilitate the expungement process.