Vermont: Adult Convictions (VT-C-1)

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).

Record Detail(s)

Felony

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

See section 7601 for qualifying offenses. 13 V.S.A. § 7602.

Procedure General

The petition and stipulation must be filed with the court. If a petition for expungement is denied it cannot be brought again for 2 years.13 V.S.A. § 7601. For the specific procedure, see 13 V.S.A. ¬ß 7602; 7605 et seq.

Fees

There is no statutory language regarding fees.

Effect

The petitioner is treated in all respects as if there was no arrest. Employment and licensing applications cannot require information about the expunged or sealed records. 13 V.S.A. § 7606(a), (b), 7607(a), (b). The court can grant the petition and order the record expunged or sealed, depending on which better serves the interests of justice and the age of the person at the time of the offense. 13 V.S.A. § 7603(c), (d). For the specific effects of sealing and expungement, see 13 V.S.A. § 7606, 7607.

Waiting Periods

There is no statutory language regarding any waiting period.

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