Vermont: Adult Diversion/Deferral Program (VT-D-1)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

See 13 V.S.A. § 7041(a), (c) for offenses ineligible for deferred adjudication.

Procedure General

The procedure is automatic. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court will strike the adjudication of guilt and discharge the respondent. The record of the criminal proceedings will be expunged upon the discharge of the respondent from probation, absent a finding of good cause by the court. 13 V.S.A. § 7041(e).

Fees

There is no statutory language regarding fees.

Effect

All records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the deferred sentence are expunged. 13 V.S.A. § 7041(e).

Waiting Periods

The record is expunged upon the completion of probation, absent a finding of good cause.

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