Vermont: Juvenile Court Records and Law Enforcement Records (VT-AR-6)

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).

Record Detail(s)

All charges

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

See 33 V.S.A. § 5119(b).

Procedure General

The record is sealed automatically unless the state files a motion objecting to the sealing and the court finds the person was convicted of a listed offense, adjudicated delinquent of a listed offense after the initial adjudication, has a pending charge for a listed offense, or has not attained satisfactory rehabilitation. The court can limit the order to court files and records only upon good cause shown by the state's attorney.

Fees

There is no statutory language regarding fees.

Effect

The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).

Waiting Periods

There is no statutory language regarding a waiting period.

Back to Vermont