2005 Vermont Code - § 2056g. — Dissemination of criminal history records to licensed private investigators

§ 2056g. Dissemination of criminal history records to licensed private investigators

(a) As used in this section:

(1) "Applicant" means an individual seeking or being sought for employment or a volunteer position with a licensed private investigator or with a client who has hired the licensed private investigator.

(2) "The center" means the Vermont crime information center.

(3) "Client" means:

(A) A criminal justice agency as defined in section 2056a of this title which hires a licensed private investigator to provide investigative services for criminal justice purposes as defined in section 2056a.

(B) An attorney licensed to practice in Vermont who hires a licensed private investigator to provide investigative services to the attorney in a criminal matter in which the attorney is an attorney of record.

(C) An insurer licensed in accordance with Title 8 who hires a licensed private investigator to provide investigative services to the insurer in a fraud investigation.

(4) "Criminal conviction record" means the record of convictions in Vermont.

(5) "Private investigator" means a person licensed under chapter 59 of Title 26 to provide private investigative services.

(b) Except as provided in section 2056c of this title, a private investigator may obtain from the center a criminal conviction record for any person, provided that the following conditions have been met:

(1) The private investigator and the private investigator's client have each filed a user's agreement with the center. The user's agreement shall require the private investigator and the client to comply with all statutes, rules, and policies regulating the release of criminal conviction records and the protection of individual privacy. The user's agreement shall be signed and kept current by the private investigator and the client.

(2) The private investigator shall complete a criminal conviction record request form specified by the center and signed by both the private investigator and the client. The criminal record request form shall:

(A) Specify the subject of the request and any identification required by the center.

(B) Advise that the criminal conviction record information released by the center is subject to the conditions specified in the user agreement.

(C) Advise that the criminal conviction record information released by the center is subject to the conditions specified in the negative action notification requirements in subsection (d) of this section, and that the center has the authority to audit recipients of criminal conviction records to enforce this requirement.

(3) The private investigator shall complete a criminal conviction record training program conducted by the center prior to authorization to obtain criminal conviction records from the center. The training program shall address the following topics:

(A) Requirements of the user agreement.

(B) How to obtain criminal conviction records from the center.

(C) How to interpret criminal conviction records.

(D) How to obtain source documents summarized in the criminal conviction records.

(E) Misuse of criminal conviction records.

(F) The negative action notification policy.

(c) When a private investigator provides a client with a copy of a subject's criminal conviction record, the private investigator shall provide the client with a copy of the signed criminal record request form which specifies the client's obligations to the subject of the record in the event that the client takes a negative action against the subject based on the results of the record check.

(1) In the event that a negative action is taken against the subject of the record by the client as a result of the record check, the client shall provide the subject of the record with the following:

(A) A written notification of negative action sent via certified mail to the subject of the record within five business days of the date that the client determined that negative action would be taken against the subject of the record.

(B) A copy of the criminal conviction record on which the negative action was based.

(C) A notice that the subject has the right to appeal to the center any errors that might appear on the record.

(2) Negative action shall mean any action which results in any adverse consequence to the subject of the record.

(3) The negative action notification process specified in this subsection shall be subject to audit by the center.

(e) A licensed private investigator or client who seeks to obtain from the center a criminal conviction record on an applicant must do so pursuant to section 2056c of this title.

(f) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

(g) A person who violates the provisions of this section shall be assessed a civil penalty of not more than $5,000.00. Each unauthorized disclosure or failure to comply with notification regarding a negative action shall constitute a separate civil violation. (Added 2005, No. 169 (Adj. Sess.), § 5.)