A proposal has been floated to provide easy, centralized access to all the criminal records in Vermont that are now available through VCIC.
Easy access will be a touchy issue and the Legislature will have difficulty dealing with it. Widespread sponsorship from the business community, with solid rationale about how they will use this information, will be important. Others, e.g., public defenders and various rights groups, will oppose 'easy' access in the name of privacy. We must, however, consider that a large percentage of the potential workforce is either incarcerated or in the custody of the Vermont Department of Corrections. At bottom, this is an economic development, workforce availability issue.
An example of how VCIC envisions this working will be helpful to all parties. Easy access today means via the Web.
The method of access from VCIC will be important and should be well thought out. If via the Web, what access controls will be in place, if any? What will be the approximate cost to access a record? How will the cost be determined? What forms of payment will be accepted? Will only paper copies be furnished? Electronic copies? Or both?
I believe Vermont's Public Records Statute specifies how costs for access to public records will be determined, at least in a paper world.
Will the present status, e.g., probation, parole, etc., of a person in the custody of Department of Corrections also be included in the 'record?' Or will that require a separate inquiry to Department of Corrections?
An example of the public furor that can arise when easy access is provided to public records that had been publicly available, but not easily so, can be found in Hamilton County, OH (Cincinnati). Controversy erupted a few months ago and this situation should be reviewed to know what can be expected.
Having said all this, perhaps one way to approach this from the business community is to assist a person/potential employee who admits to a criminal record obtain the record from VCIC to verify his/her statements on employment applications.
However, I expect many employers legitimately will want access to these public records without the person's knowledge.
This one will be dicey!
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