Your Comprehensive Guide to Vermont Public Records
Vermont Public Records
Vermont public records are governed primarily by the Vermont Public Records Law, codified at 1 V.S.A. §§ 315–320, which establishes the right of the public to inspect and copy records held by state and local government agencies. This includes records from departments, boards, commissions, municipalities, school districts, and other public entities in Vermont. The law promotes transparency while allowing certain exemptions to protect sensitive information.
Are Vermont Records Public?
Yes, most records created or maintained by Vermont government agencies are considered public under Vermont law. The Vermont Public Records Act (1 V.S.A. §§ 315-320) establishes a presumption of openness, stating that "officers of government are trustees and servants of the people and it is in the public interest to enable any person to review and criticize their decisions even though such examination may cause inconvenience or embarrassment."
This presumption of openness means that all government records are considered public unless specifically exempted by law. Vermont's approach aligns with the democratic principle that citizens have the right to know about and scrutinize the activities of their government.
What Information Is Included in Vermont Public Records?
Vermont public records encompass a wide range of documents and information created or maintained by state and local government agencies. These include:
- Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records
- Property Records: Deeds, mortgages, liens, property tax assessments, and land records
- Court Records: Case files, dockets, judgments, and court calendars
- Criminal Records: Arrest records, conviction information, and sex offender registry data
- Business Records: Corporate filings, business licenses, and professional licenses
- Vehicle Records: Vehicle registrations, driver's licenses, and accident reports
- Government Operations: Meeting minutes, budgets, contracts, and expenditure reports
- Environmental Records: Permits, inspections, and environmental impact statements
- Election Records: Voter registrations, campaign finance reports, and election results
- Personnel Records: Limited information about public employees (with privacy protections)
The format of these records varies widely and may include paper documents, electronic files, photographs, maps, recordings, and databases. The specific content and availability of records depend on the agency that creates and maintains them and any applicable exemptions under Vermont law.
What Does the Vermont Public Records Law Do?
The Vermont Public Records Act (1 V.S.A. §§ 315-320) establishes the legal framework for public access to government records in Vermont. The law serves several key functions:
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Establishes a Right of Access: The law affirms that any person has the right to inspect or copy any public record of a public agency.
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Defines Public Records: The law broadly defines public records as "any written or recorded information, regardless of physical form or characteristics, which is produced or acquired in the course of public agency business."
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Sets Procedural Requirements: The law establishes procedures for requesting records, timeframes for agency responses, and standards for fees that may be charged.
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Creates Exemptions: The law identifies categories of records that are exempt from disclosure, either in whole or in part, to protect privacy, confidentiality, and other important interests.
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Provides for Appeals: The law establishes a process for appealing denied requests, including judicial review.
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Promotes Transparency: The law's stated policy is to provide free and open examination of records, with exceptions only as specifically provided by law.
The Vermont Public Records Act works in conjunction with other state and federal laws that may affect the disclosure of specific types of information. For example, the Health Insurance Portability and Accountability Act (HIPAA) protects medical information, while the Family Educational Rights and Privacy Act (FERPA) protects student records.
How To Find Public Records in Vermont in 2025
Finding public records in Vermont typically involves identifying the appropriate agency that maintains the records you seek and then submitting a request according to that agency's procedures. Here are general steps to follow:
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Identify the Custodian Agency: Determine which government agency is likely to maintain the records you seek. For example, vital records are maintained by the Vermont Department of Health, while property records are typically held by town or city clerk's offices.
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Check Online Resources: Many Vermont agencies now provide online access to commonly requested records. Before submitting a formal request, check the agency's website to see if the information is already available electronically.
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Submit a Written Request: If the records are not available online, submit a written request to the appropriate agency. While Vermont law does not require requests to be in writing, a written request creates a record of your inquiry and helps ensure clarity.
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Be Specific: Clearly describe the records you seek, including relevant dates, names, and other identifying information. Vague requests may lead to delays or denials.
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Follow Up: If you don't receive a response within the statutory timeframe (generally 3-10 business days), follow up with the agency.
For the most efficient access to public records, consider using these key online resources:
- Vermont Open Data Portal - A centralized platform for accessing various datasets from state agencies
- Vermont Judiciary Public Portal - For accessing court records
- Vermont Secretary of State's Office - For business filings, professional licenses, and other records
Does Vermont Have Free Public Records?
Vermont law allows agencies to charge certain fees for providing public records, but some records may be available for free, particularly when accessed online or when the request involves minimal staff time and resources.
Under 1 V.S.A. § 316, agencies may charge for:
- The actual cost of providing copies
- Staff time involved in complying with the request (after the first 30 minutes, which is free)
- Other costs directly related to fulfilling the request
However, agencies have discretion to waive fees when doing so is in the public interest. Additionally, many agencies now provide free online access to commonly requested records, reducing the need for formal requests that might incur fees.
How Much Does It Cost To Get Public Records in Vermont?
The cost of obtaining public records in Vermont varies depending on several factors:
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Copy Costs: Agencies may charge the actual cost of copying records. Standard fees typically range from $0.05 to $0.25 per page for paper copies.
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Staff Time: After the first 30 minutes (which is free), agencies may charge for staff time spent complying with requests. The rate is based on the lowest-paid employee capable of performing the task.
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Special Costs: Additional fees may apply for specialized formats, such as large maps, photographs, or electronic media.
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Certified Copies: Vital records and other certified documents typically have set fees established by statute. For example, certified copies of birth certificates cost $10 through the Vermont Department of Health.
Here's a sample of common fees:
- Birth, death, or marriage certificate: $10 per certified copy
- Vehicle registration records: $8 per record
- Criminal background check: $30
- Land records: Varies by municipality, typically $1-$4 per page
Agencies must provide an estimate of charges before proceeding with requests that will incur substantial costs.
How Long Does It Take to Obtain Public Records in Vermont?
Under Vermont's Public Records Act, agencies must respond to requests promptly. The specific timeframes are:
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Initial Response: Agencies must respond to a request within 3 business days, either by providing the records, denying the request with reasons, or acknowledging receipt and providing an estimate of when the records will be available.
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Extended Response: If the agency cannot provide records within 3 business days, it may extend the time to respond by up to 7 additional business days (for a total of 10 business days).
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Unusual Circumstances: For especially complex or voluminous requests, agencies may take longer than 10 business days but must work with the requester to schedule a mutually agreeable timeframe.
Actual response times can vary significantly based on:
- The complexity and volume of the request
- The format and location of the records
- Whether the records require review for exempt information
- The agency's current workload and staffing
For time-sensitive requests, it's advisable to communicate the urgency to the agency and consider narrowing the scope of your request to expedite processing.
What Records Are Confidential In Vermont?
While Vermont law presumes that government records are public, numerous exemptions protect certain information from disclosure. The Vermont Public Records Act contains more than 40 exemptions (1 V.S.A. § 317(c)), and additional exemptions exist in other state and federal laws.
Common categories of confidential records include:
- Personal Privacy: Records that would constitute a clearly unwarranted invasion of personal privacy if disclosed
- Medical Information: Patient records and other health information protected by state law and HIPAA
- Student Records: Educational records protected under FERPA
- Law Enforcement Records: Information that could interfere with enforcement proceedings or deprive a person of a fair trial
- Trade Secrets: Proprietary business information and trade secrets
- Attorney-Client Communications: Records protected by attorney-client privilege
- Preliminary Drafts: Records in draft form where no final action has been taken
- Security Information: Records related to public safety, security systems, or emergency procedures
- Personal Documents: Personal documents relating to an individual, including medical, financial, and employment records
- Tax Return Information: Individual and business tax returns and related information
Even when a record contains exempt information, agencies must release any portion that is not exempt if it can be reasonably segregated from the exempt portion.
Who Has the Right To Request Public Records in Vermont
Vermont's Public Records Act grants broad access rights, stating that "any person" may inspect or copy public records. This means:
- Vermont residency is not required
- No statement of purpose is generally needed
- Requesters do not need to identify themselves
- Both individuals and organizations (including businesses, media, and nonprofit organizations) may request records
- Non-U.S. citizens have the same rights of access as citizens
While the law provides universal access rights, certain specialized records may have more restricted access. For example:
- Adoption records may only be accessible to the adoptee, birth parents, or adoptive parents under specific circumstances
- Criminal history records may have different levels of access depending on the requester's identity and purpose
- Certain motor vehicle records have restricted access under the federal Driver's Privacy Protection Act
What Can Be Done With Public Records in Vermont
Public records obtained from Vermont government agencies can be used for various legitimate purposes, including:
- Research and Education: Academic research, historical studies, and educational projects
- Business Purposes: Market research, property development, competitive analysis, and due diligence
- Legal Matters: Case preparation, evidence gathering, and background research
- Journalism: Investigative reporting, fact-checking, and news stories
- Personal Use: Family history research, property transactions, and personal decision-making
- Civic Engagement: Monitoring government activities, policy analysis, and advocacy
However, certain restrictions may apply to the use of public records:
- Commercial Solicitation: Some records (particularly DMV records) have restrictions on use for unsolicited marketing
- Privacy Considerations: Even though records may be public, users should respect privacy when republishing personal information
- Copyright Protection: Some public records may contain copyrighted material that restricts reproduction or distribution
- Data Aggregation: Combining public records with other data sources to create profiles of individuals may raise privacy concerns
Users of public records should be aware that while the information is legally obtained, how it is used may be subject to other laws regarding privacy, defamation, harassment, or unfair business practices.
Key Agencies and Departments for Public Records in Vermont
Vermont Secretary of State's Office
128 State Street
Montpelier, VT 05633-1101
(802) 828-2363
Vermont Secretary of State
The Secretary of State's Office maintains business records, professional licenses, lobbyist registrations, campaign finance reports, and state rules and regulations. The office also oversees the Vermont State Archives and Records Administration.
Vermont State Archives and Records Administration (VSARA)
1078 US Route 2, Middlesex
Montpelier, VT 05633-7701
(802) 828-2308
Vermont State Archives
VSARA maintains the state's archival records, including historical documents, state agency records, and other materials of enduring value.
Vermont Department of Motor Vehicles (DMV)
120 State Street
Montpelier, VT 05603-0001
(802) 828-2000
Vermont DMV
The DMV maintains driver's license records, vehicle registrations, accident reports, and other motor vehicle-related records.
Vermont Department of Health - Vital Records
108 Cherry Street
Burlington, VT 05402
(802) 863-7275
Vermont Department of Health
The Department of Health maintains birth, death, marriage, and civil union records for the state.
Vermont Judiciary
Supreme Court Building
109 State Street
Montpelier, VT 05609-0701
(802) 828-4774
Vermont Judiciary
The Vermont Judiciary maintains court records, including case files, dockets, and court calendars for the Supreme Court, Superior Court, and other state courts.
Vermont Department of Public Safety
45 State Drive
Waterbury, VT 05671-1300
(802) 244-8727
Vermont Department of Public Safety
The Department of Public Safety maintains criminal records, sex offender registry information, and other public safety records.
Vermont Agency of Natural Resources
1 National Life Drive, Davis 2
Montpelier, VT 05620-3901
(802) 828-1294
Vermont Agency of Natural Resources
The Agency of Natural Resources maintains environmental permits, conservation records, and natural resource management information.
Vermont Department of Taxes
133 State Street
Montpelier, VT 05633-1401
(802) 828-2505
Vermont Department of Taxes
The Department of Taxes maintains property tax records, tax filings, and other tax-related information, though much of this information is confidential.
Vermont Legislature
115 State Street
Montpelier, VT 05633-5301
(802) 828-2228
Vermont Legislature
The Legislature maintains legislative records, including bills, committee minutes, and hearing transcripts.
Burlington City Clerk's Office
149 Church Street
Burlington, VT 05401
(802) 865-7000
Burlington City Clerk
The Burlington City Clerk's Office maintains local records for Vermont's largest city, including property records, permits, and local ordinances.
How to Appeal a Denied Public Records Request in Vermont
If a request is denied, the agency must provide the reason for denial in writing, citing the specific legal exemption. The requester may:
- Appeal the denial to the head of the agency within 30 days of the decision.
- If the denial is upheld, file an action in the Civil Division of the Vermont Superior Court for judicial review under 1 V.S.A. § 319.
Difference Between Federal and Vermont Public Records
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, governs access to federal agency records. FOIA does not apply to state or local government records. Vermont’s Public Records Law governs state and local records, with its own exemptions, timelines, and appeal processes.
Key differences include:
- FOIA requires agencies to respond within 20 business days; Vermont requires a 3-business-day initial response.
- FOIA applies only to federal agencies; Vermont’s law applies to state and local entities.
- Appeal processes differ: FOIA involves administrative appeals within federal agencies before going to federal court; Vermont allows direct appeal to the agency head, then state court.
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