Information for Court Diversion Participants about Criminal Records
Please note the difference between Diversion and the Teen Alcohol Safety Program (TASP). TASP is operated by Court Diversion agencies in Vermont, but it is not the same as the Court Diversion program. Some people think they have participated in Diversion when they have not. For information about records for TASP participants, visit this page.
- General Overview
- Adult Court Division – Criminal Division
- Guidance Answering Questions – Adult Court Diversion
- Juvenile Court Diversion – Family Division
- Guidance Answering Questions – Juvenile Court Diversion
Overview
The term “criminal record” has many meanings – for example, it may refer to the records held by the Criminal Division of the Vermont Superior Court or to a particular individual’s criminal convictions. A criminal record may be a document that indicates an individual received a ticket or a citation for allegedly committing a crime, or that a person was charged with a crime and subsequently found not guilty. Records also exist for cases that have been dismissed by the state’s attorney (prosecutor) or the judge.
In general, criminal records held by the Court are public information available to anyone. This information can be accessed for a fee by going to a county court house. Records of individuals who are referred to Diversion are not public unless their case is returned to Court, but law enforcement, state’s attorneys, and Court personnel have access to that information. Two years after successful completion of Diversion, records are sealed. The sealing is automatic for participants who completed Diversion after July 1, 2002. Participants who completed Diversion before July 2002 have to request that their records be sealed.
Electronic record checks may be done through the Vermont Criminal Information Center (VCIC). VCIC only releases information about criminal convictions, not about other information in an individual record.
Adult Court Diversion – Criminal Division
Most documents held by law enforcement are not available to the public, but law enforcement may choose to release certain information. For example, police logs in newspapers list charges against individuals. Court documents on those charges are not public until after a judge has found probable cause. A judge must find probable cause before you may be referred to Diversion, so there is a time period when documents held by the Court on what becomes a Diversion case are public.
After a state’s attorney refers a case to Diversion, Court files that may have previously been public are confidential. The public does not have access to these files. A state’s attorney may release information to the victim in a matter referred to Diversion under certain specified conditions.
These files remain confidential unless you decide not to participate in Diversion, the Diversion board declines to accept the case, the state’s attorney recalls the referral, or you fail Diversion.
After you complete Court Diversion successfully, the State’s Attorney will dismiss the charge(s) against you. You do not have a criminal conviction; however, for two years information regarding the alleged delinquent or criminal charge remains in the courthouse, in law enforcement records, and elsewhere. These records may show the original charge against you, and that it was dismissed because you participated in Diversion. Law enforcement, state’s attorneys, court personnel, and Court Diversion staff have access to this information but the general public does not.
Newspaper articles and web sites may report citations and criminal charges that were public prior to you being referred to Diversion; these records may exist for years.
For those who participated in the program after July 1, 2002, the law requires the Court to seal all associated files and records within 30 days of the two-year anniversary of the successful completion of Diversion, providing the State’s Attorney does not object (see below). Two things may prevent the record from being sealed: (1) you are convicted of another offense within the two-year period or (2) the Court is not satisfied with your rehabilitation.
If you participated in Diversion prior to July 2002, you need to petition the Court to seal any records. For a list of the judicial units (courts) around the state, go to the link that you will find on the judiciary website.
Sealing Records
Sealing means that paper and electronic records are not accessible by the public. In addition, agencies, judges and most court staff do not have access to these records. Sealed records are stored but not destroyed. A Court may allow a record to be “unsealed” in certain circumstances. If a Court orders a record to be expunged, then the record is destroyed.
According to the law, once the records are sealed, the proceedings shall be considered never to have occurred. It is important to understand that some public information, such as articles in the newspaper, cannot be erased or sealed. Some trace of the incident and your charge may exist even after court and other related records have been sealed. You may want to check with the Court in which the charge was filed to make sure that all records that can and should be sealed have been sealed.
The law requires the sealing process to be done within thirty days of the two-year anniversary of the successful completion of Court Diversion. In reality it may take weeks or months for all parties to seal the record. In addition, the adult Court Diversion project maintains minimal records, as provided by Vermont law, but these records are not available to anyone other than the participant and his/her attorney, state’s attorneys, the attorney general and directors of adult Court Diversion programs. This information is kept for statistical purposes only.
Upon an order to seal criminal files and records, the proceedings in the matter shall be considered never to have occurred. The law states that all references shall be deleted, and the participant, the court and law enforcement officers and departments shall reply to any request for information that “no record exists with respect to such participant.”
Employment Record Checks
The section below contains the primary ways an employer completes a record check and explains what information potential employers have access to.
Vermont Criminal Information Center (VCIC )
Many employers conduct “record checks” by contacting VCIC, which is part of the Department of Public Safety. VCIC does not give information over the telephone; requests and information are handled on-line and through the mail. VCIC charges a fee for this service.
VCIC only reports information on someone who has been convicted of a crime. If an employer runs a check on a person against whom charges were filed and subsequently dismissed – such as a successful Diversion participant, VCIC staff will inform the employer that there is “no record.” Law enforcement agencies have greater access and can see records of charges that did not result in convictions.
You may request and see any information VCIC has on you. VCIC charges a fee for this service. For more information: call 802-242-8727 or visit http://vcic.vermont.gov/record_checks
Court Houses
Some employers go to the criminal division in the courthouse to gather information on job applicants. Information at the Court on individuals, such as charges filed, is available to the public. Charges dismissed for reasons other than successful Diversion participation may remain public. Information about cases at Diversion or successfully completed cases is not public.
Military Recruiters
Military recruiters do not have access to information that has been sealed; however, prior to record sealing, they have greater access than the general public. Similar to law enforcement, military recruiters can access records that show details such as charges filed against individuals, dismissed charges, etc. You may want to discuss how to handle this situation with an attorney.
Child Care Licensing
The Vermont Department for Children and Family’s Child Development Division conducts background checks on people applying to hold a license to run a licensed program, a registered home or a legally-exempt child care provider, and does similar checks on “associated parties” of the applicant. “Associated parties” includes anyone age 16 or older who lives in the applicant’s home. In addition to checking abuse registries, DCF checks VCIC and may check Criminal Court records.
The National Crime Information Center (NCIC)
The National Crime Information Center, (NCIC) is a computerized index of criminal justice information (such as criminal record history information, fugitives, stolen properties, and missing persons) that is available to law enforcement and other criminal justice agencies. VCIC sends information to NCIC on individuals charged with crimes and the eventual outcome of those charges. Only information on people whose fingerprints have been taken is sent to NCIC. When a Vermont Court orders a record to be sealed, VCIC informs NCIC of that order. It may take up to three to six months for NCIC to seal the record.
Guidance Answering Questions – Adult Court Diversion
Here is some guidance about how, after you have successfully completed Court Diversion, to answer questions from employers, military recruiters, college admissions staff, and others.
Do you have a criminal record?
No. If you completed Court Diversion successfully, two years have passed, and have not re-offended, you do not have a criminal record.
Have you been convicted of a crime?
No. If you completed Court Diversion successfully, you were not convicted of a crime. You were charged with a crime but, providing you completed Diversion successfully, the charge was subsequently dismissed.
Have you ever been charged with a crime?
Yes. You were charged with a crime but the charge was subsequently dismissed, providing you completed Diversion successfully. If the record has been sealed, the law states that the matter shall be considered never to have occurred. In some – but not all – states, it is illegal for employers to ask about arrests that did not lead to conviction, but if you refuse to answer the question, you may not be hired. If you answer yes to this question, you may want to explain the Diversion program. See the brief description of Diversion on the final page of this document.
Have you ever been in trouble with the law? Have you ever been charged with a crime?
Yes. You were charged with a crime; however, providing you completed Diversion successfully, the charge was dismissed and the record sealed, and Vermont law states that the “matter shall be considered never to have occurred.” It is your decision whether to explain your participation in Court Diversion and that the purpose of Diversion is to hold individuals accountable and to prevent a criminal conviction from affecting employment and education opportunities. Vermont law states that after sealing, “the proceedings in the matter shall be considered never to have occurred,” and “the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists.” 1 V.S. A. §164(f).
Laws vary by state, and some states restrict the types of questions potential employers may ask. You may want to research the laws in the state in which you are seeking employment.
Have you ever been arrested?
Maybe. If you were taken into custody by a law enforcement officer, then you were arrested. If the officer only gave you a citation to appear in Court, you were not arrested.
How do I prove to someone that I completed the program successfully?
It is recommended that you keep the letter you received from Court Diversion stating you successfully completed Diversion. You may not be able to obtain a copy in the future because programs do not keep records for a long period of time. Court Diversion programs seal records two years after a person successfully completes Diversion, and programs destroy records of all participants three years after successful completion or failure.
Juvenile Court Diversion – Family Division
If you went through Court Diversion after being cited into Family Division for a delinquency charge, no record of your participation in Diversion will be available to a prospective employer or any other member of the public. The State’s Attorney and the Vermont Department for Children and Families will have this information, as well as the Diversion program in the County in which you participated in Diversion, but they may not share it with anyone else without your written permission. According to law, all juvenile proceedings are confidential. There are some exceptions. See Vermont Statutes: 33 V.S.A. § 5536 through 5538.
Within thirty days of the two-year anniversary of the successful completion of juvenile Diversion for those who participated in the program after July 1, 2002 the law requires the Court, law enforcement, and Diversion to seal all associated files and records, providing the State’s Attorney does not object. Two things may prevent the record from being sealed: (1) you are convicted of another offense within the two-year period or (2) the Court is not satisfied with your rehabilitation. Sealing provides an additional layer of confidentiality because agencies, judges and most court staff do not have access to these records. Sealed records are retained but not destroyed and a Court may allow a record to be “unsealed” in certain circumstances. If a Court orders a record to be expunged, then the record is destroyed.
Guidance Answering questions – Juvenile Court Diversion
Here is some guidance about how to answer questions from employers, military recruiters, college admissions staff, and others after you have successfully completed Juvenile Court Diversion.
Do you have a criminal record?
No. If you completed Court Diversion successfully, you do not have a criminal record. Even if you failed Diversion and the Family Division (Family or Juvenile Court) found you “delinquent,” you do not have a criminal record.
Have you ever been charged with a crime?
No. When you were cited into Family Division of Superior Court, you were alleged to be delinquent, not charged with a crime.
Have you ever been in trouble with the law?
It is your decision whether you want to explain that you went through Court Diversion or not. If so, the brief description of Diversion on the final page of this document may help you to explain Vermont’s Diversion program. Vermont law mandates that all Juvenile records are confidential unless you provide written permission to release them.
What if I apply for a Federal job?
Federal law states that you have to report juvenile delinquency adjudications when applying for certain federal jobs. If you completed Diversion successfully, you do not have a juvenile delinquency adjudication. If Family Division found you delinquent, you have a juvenile delinquency adjudication. This federal law conflicts with Vermont law which mandates that juvenile records are confidential. You may want to discuss how to handle this situation with an attorney.
How do I prove to someone that I completed the program successfully?
It is recommended that you keep the letter you received from Court Diversion stating you successfully completed Diversion. You may not be able to obtain a copy in the future because programs do not keep records for a long period of time. Court Diversion programs seal records two years after a person successfully completes Diversion and destroy records of all participants three years after successful completion or failure.
