§ 2056e. Dissemination of criminal history records to the Department of Buildings and General Services

(a) The Department of Buildings and General Services shall obtain from the Vermont Crime Information Center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any applicant for a State security personnel position who has given written authorization, on a release form prescribed by the Center, pursuant to the provisions of this subchapter and the user's agreement filed by the Commissioner of Buildings and General Services with the Center. The user's agreement shall require the Department to comply with all federal and State statutes, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the Commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.

(b) As used in this section, "security personnel" means officers or employees of the State hired to perform security functions for the State, including protecting the public health and welfare; patrolling, securing, monitoring, and safekeeping the property, facilities, and grounds of the State; and exercising other law enforcement duties as may be authorized by State or federal law.

(c) The Commissioner of Buildings and General Services shall obtain from the Vermont Crime Information Center the record of Vermont convictions and pending criminal charges for any security personnel applicant after the applicant has received an offer of employment conditioned on the record check. Nothing in this section shall automatically bar a person who has a criminal record from applying or being selected for a security position.

(d) The Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.

(e) If no disqualifying record is identified at the State level, the Commissioner of Buildings and General Services, through the Vermont Crime Information Center, shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant's convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the applicant's fingerprints and a fee established by the Vermont Crime Information Center that shall be paid by the Department of Buildings and General Services.

(f) The Vermont Crime Information Center shall send to the requester any record received pursuant to this section or inform the Department of Buildings and General Services that no record exists.

(g) The Department of Buildings and General Services shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont Crime Information Center.

(h) Upon completion of the application process under this section, the applicant's fingerprint card and any copies thereof shall be destroyed.

(i) 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. (Added 2001, No. 149 (Adj. Sess.), § 26, eff. June 27, 2002; amended 2013, No. 119 (Adj. Sess.), § 6; 2013, No. 194 (Adj. Sess.), § 7, eff. June 17, 2014; 2017, No. 113 (Adj. Sess.), § 139.)