Vermont earns a C- for its civil forfeiture laws
Standard of Proof
Higher bar to forfeit in limited cases: Weak conviction provision falls short of criminal forfeiture. It does not require conviction of the owner, only of “a person,” and it does not apply if the person has agreed to forfeiture to avoid criminal charges. Once the conviction provision is satisfied, property must be linked to the crime by clear and convincing evidence.
Innocent Owner Burden
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Financial Incentive
Large profit incentive: 45% of forfeiture proceeds go to law enforcement.
The letter grade reflects Vermont’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in Vermont?
Under Vermont law, prosecutors’, owners’, and court deadlines leading to a judicial hearing add up to 210 days, but there is no deadline for obtaining the seizure order and the deadline for serving the complaint can be extended; any criminal proceedings may also add to the wait. While you wait, the government has your property, and you have no way to seek its return.
*The answer must be in the form of a “civil complaint” seeking a judicial determination of the petition and must provide facts supporting your claim to the property.
**You have 90 days from the entry of a forfeiture judgment to request the return of your property because the forfeiture causes you extreme hardship or because you are an innocent owner. The court has 90 days to rule on your petition.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $18 million in federal forfeiture revenue
| Year | Vermont Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $488,454 | $68,000 | $556,454 |
| 2001 | Unknown | $824,938 | $0 | $824,938 |
| 2002 | Unknown | $701,553 | $0 | $701,553 |
| 2003 | Unknown | $956,841 | $0 | $956,841 |
| 2004 | Unknown | $919,259 | $90,000 | $1,009,259 |
| 2005 | Unknown | $1,023,538 | $90,000 | $1,113,538 |
| 2006 | Unknown | $978,247 | $34,000 | $1,012,247 |
| 2007 | Unknown | $842,834 | $36,000 | $878,834 |
| 2008 | Unknown | $995,851 | $123,000 | $1,118,851 |
| 2009 | Unknown | $607,576 | $225,000 | $832,576 |
| 2010 | Unknown | $1,620,842 | $209,000 | $1,829,842 |
| 2011 | Unknown | $520,559 | $18,000 | $538,559 |
| 2012 | Unknown | $935,429 | $33,000 | $968,429 |
| 2013 | Unknown | $1,060,974 | $95,000 | $1,155,974 |
| 2014 | Unknown | $525,190 | $148,000 | $673,190 |
| 2015 | Unknown | $652,237 | $110,000 | $762,237 |
| 2016 | Unknown | $446,981 | $8,000 | $454,981 |
| 2017 | Unknown | $273,269 | $7,000 | $280,269 |
| 2018 | Unknown | $410,337 | $0 | $410,337 |
| 2019 | Unknown | $381,706 | $87,000 | $468,706 |
| 2020 | Unknown | $232,690 | $43,000 | $275,690 |
| 2021 | Unknown | $351,965 | $9,000 | $360,965 |
| 2022 | Unknown | $114,658 | $223,000 | $337,658 |
| 2023 | Unknown | $600,343 | $104,000 | $704,343 |
| Totals | Unknown | $16,466,271 | $1,760,000 | $18,226,271 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Vermont does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, Vermont agencies have generated more than $18 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, 38 Vermont agencies, or an estimated 55% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under Vermont Law: Key Facts
Median Value
UNKNOWN
Vermont does not report property-level data necessary to calculate median forfeiture value.
Property Types
UNKNOWN
Vermont does not report the types of property forfeited.
Proceeding Types
UNKNOWN
Vermont does not report whether forfeitures are processed under civil or criminal forfeiture law.
Additional Findings
UNKNOWN
Agencies do not provide detailed data on seized or forfeited property, resulting in limited transparency into forfeiture activity in the state.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
A-Statewide Forfeiture Reports
FPenalties for Failure to File a Report
FAccounting for Forfeiture Fund Spending
FAccessibility of Forfeiture Records
DFinancial Audits of Forfeiture Accounts
FFor full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
Records obtained from the state treasurer were sparse and unusable. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: Weak conviction provision does not require conviction of an owner, but only of “a person.” The provision does not apply if the person agrees with prosecutors to avoid criminal charges in exchange for forfeiture of the property. After the conviction provision is satisfied, property must be linked to the crime by clear and convincing evidence.
Vt. Stat. Ann. tit. 18, §§ 4243(a), (c), 4244(e).
Innocent owner burden: Owner.
Vt. Stat. Ann. tit. 18, § 4244(d).
Financial incentive: 45%.
Vt. Stat. Ann. tit. 18, § 4247(b)(1).
Process: Vt. Stat. Ann. tit. 18, §§ 4241 et seq. (forfeiture procedure); Vt. R. Civ. P. 55 (default judgment).