Vermont

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for sealing or expungement in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

If you were convicted of a qualifying offense or offenses arising out of the same incident, the record can be expunged or sealed without a hearing, pursuant to a stipulation from the state’s attorney or attorney general.
If you were convicted of a violation related to operating under the influence of alcohol or other substance, the record can be expunged or sealed without a hearing, pursuant to a stipulation from the state’s attorney or attorney general.
If you were convicted of a violation of related to burglary when you were 25 years of age or younger, and you did not carry a dangerous or deadly weapon during commission of the offense, you can get your record expunged or sealed expunged or sealed without a hearing, pursuant to a stipulation from the state's attorney or attorney general.
If you were convicted of a qualifying offense and later convicted of a misdemeanor, the record can be expunged or sealed 10 years after you complete the sentence for the first conviction and five years after the misdemeanor conviction.
If you were convicted of an offense for something that happened before you turned 25, the record can be sealed two years after the case is over if you have not committed any ineligible offenses for 10 years prior to application.
If you were convicted of an offense that is no longer a crime, the record can be expunged or sealed at any time after your sentence is complete.
Records relating to a conviction can be vacated by the court if the conviction resulted from being a victim of human trafficking.
If you were convicted of a traffic violation, the record can be expunged 2 years after satisfaction of the judgement.

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for sealing or expungement in some situations.

If your case was dismissed after you successfully completed deferred adjudication probation, the record can be expunged immediately. You do not have to file a petition to start the process, but it is up to the judge whether or not to expunge your record.
If your case was dismissed because you successfully completed adult diversion before July 1, 2002, the record can be sealed immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

The criminal history record is sealed by the court 60 days after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, unless the prosecuting attorney objects.
Records relating to a juvenile charged with a criminal offense on or after July 1, 2006, may be sealed by the court upon dismissal of the case.
The criminal history record of a case ending in acquittal or dismissal with prejudice before trial can be sealed or expunged by the court within 60 days, or at any time if the prosecuting attorney so stipulates.
The criminal history record of a case can be sealed by the court within 60 days upon a determination of no probable cause upon dismissal without prejudice.
The criminal history record of a case ending without conviction can be sealed or expunged by the court at any time if the court finds that sealing or expungement serves the interests of justice or if the parties stipulate to the sealing or expungement.
The criminal history record of a case already sealed is expunged 8 years after the date the record was sealed, unless either party objects.
The criminal history record of a case already sealed before July 1, 2018, can be expunged by the court, unless the state's attorney objects.

Adult Criminal Record Clearance Policies

Convictions

Records relating to a conviction can be vacated by the court, if the conviction resulted from being a victim of human trafficking. 13 V.S.A. § 2658.
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Records relating to a conviction for an offense committed before age 25 can be sealed by the court two years after final discharge, if the person is not subjected to any ineligible offenses for 10 years prior to application, and has been rehabilitated to the court's satisfaction. 33 V.S.A. § 5119(g).
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Records relating to a conviction of a qualifying crime or crimes arising out of the same incident or occurence will be expunged or sealed by the court without a hearing pursuant to a stipulation from the state's attorney or attorney general. 13 V.S.A. § 7602(a)(1)(A).
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Records relating to a conviction of a qualifying crime, or crimes arising out of the same incident, can be expunged or sealed by the court five years after the sentence is completed or the commencement of a successfully completed indeterminate term of probation, if the petitioner has no subsequent convictions and has paid all restitution. 13 V.S.A. § 7602(b).
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Records relating to a conviction of a qualifying crime, or crimes arising out of the same incident, can be expunged or sealed by the court 10 years after the sentence is completed, if the petitioner has no felony conviction in the previous seven years and no misdemeanor conviction in the past five years, and has paid all restitution. 13 V.S.A. § 7602(c).
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The record of conviction or adjudication for a traffic violation can be expunged 2 years after satisfaction of the judgement. 23 V.S.A. § 2303(a).
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Records relating to a conviction for an offense that is no longer prohibited by law or designated as a criminal offense can be expunged by the court at any time after sentence completion. 13 V.S.A. § 7602(a)(1)(B), (e).
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Diversion/Deferral Program

Records relating to a case dismissed after the successful completion of probation under section 7041 will be expunged by the court, absent a finding of good cause not to expunge and after all restitution is paid in full. 13 V.S.A. § 7041(a), (e).
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Records relating to a case dismissed following the successful completion of adult diversion on or after July 1, 2002 can be sealed by the court. 3 V.S.A. § 164(j).
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Records relating to a case dismissed following the completion of adult diversion prior to July 1, 2002 can be sealed upon petition to the court if the person has no other felony or misdemeanor convictions and does not owe restitution. 3 V.S.A. § 164(g).
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Non-Conviction Arrests

The criminal history record of a case can be sealed by the court within 60 days after disposition of the case if no probable cause has been determined upon arraignment or the charges are dismissed without prejudice. 13 V.S.A. § 7603(a).
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The criminal history record of a case ending without conviction can be sealed or expunged by the court within 60 days after final disposition if the person is acquitted or charges are dismissed, or at any time the prosecuting attorney and party stipulate that the court may grant the petition to expunge the record. 13 V.S.A. § 7603(e).
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The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603 before July 1, 2018 can be expunged by the court, unless the state's attorney objects. 13 V.S.A. § 7603(h).
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The criminal history record is sealed by the court 60 days after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, unless the prosecuting attorney objects. 13 V.S.A. § 7603(a).
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The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603(a) or (g) is expunged 8 years after the date on which the record was sealed, unless either party objects. 13 V.S.A. § 7603(f).
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Records relating to a juvenile charged with a criminal offense or who was the subject of a delinquincy petition on or after July 1, 2006 and prior to the person attaining majority, can be sealed by the court immediately upon dismissal. 33 V.S.A. § 5119(h)(1).
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Juvenile Record Clearance Overview

Court Records

Below is a general overview of when juvenile records can be sealed in Vermont. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information.

Juvenile Record Clearance Policies Overview

Most juvenile records can be sealed or expunged.

If you were adjudicated (found guilty) on or after July 1, 1996, your record can be sealed two years after your case, probation, or commitment ends, unless the state’s attorney objects.
If you were adjudicated (found guilty) before July 1, 1996, your record can be sealed at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
If you were a person who, while a child, was found to be in need of care or supervision, the record can be sealed once you reach the age of majority.
If you successfully complete diversion, your record can be sealed two years after you complete the diversion. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
Records relating to juvenile court proceedings can be expunged two years after successful completion of diversion, so long as the court finds that the person has been rehabilitated.
If you were charged with a criminal offense on or after July 1, 2006, and prior to the person attaining majority, the record can be sealed upon dismissal.
If you were 18 to 21 years old at the time of committing an offense, the record can be expunged within 30 days from the successful completion of sentence.
You may not be eligible for sealing or expungement if you have certain convictions or adjudications on your record or have pending criminal or juvenile charges.

Find a Lawyer

If you think you might be eligible to have your record sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.

Juvenile Record Clearance Policies

Court Records and Law Enforcement Records

Records relating to a child adjudicated delinquent on or after July 1, 1996, will be sealed if two years have elapsed since the final discharge, unless the state's attorney files an objection and the court finds that the child is subject to a disqualifying event and has not been satisfactorily rehabilitated. 33 V.S.A. § 5119(a).
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Records relating to a child adjudicated delinquent prior to July 1, 1996, will be sealed upon a petition or the court's own motion, if the court finds that the child is not subject to a disqualifying event and has been satisfactorily rehabilitated. 33 V.S.A. § 5119(b).
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Records relating to juvenile court proceedings can be expunged two years after successful completion of diversion, so long as the court finds that the person has been rehabilitated. 3 V.S.A. § 163(e).
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Records relating to a person who, while a child, was found to be in need of care or supervision may be sealed if the person has reached the age of majority and sealing of the record is in the interest of justice. 33 V.S.A. § 5119(c).
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The criminal record of a person who was 18 to 21 years old at the time the offense was committed can be expunged within 30 days from the successful completion of sentence. 13 V.S.A. § 7609(a).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Vermont Bar Association Lawyer Referral Service

Service area: Statewide