Vermont: Adult Diversion/Deferral Program (VT-D-2)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

See 3 V.S.A. § 164(a) for offenses eligible for adult diversion.

Procedure General

Within 30 days of the two-year anniversary of a successful completion of adult diversion completed on or after July 1, 2002, the court will provide notice to all parties of the court's intention to order the sealing of all court files and records. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. For the specific procedure, see 3 V.S.A. § 164.

Fees

There is no statutory language regarding fees.

Effect

The proceeding is considered never to have occurred. 3 V.S.A. § 164(h).

Waiting Periods

The court notices parties of its intention to seal the record within 30 days of the second anniversary of the successful completion of the program.

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