Vermont: Adult Diversion/Deferral Program (VT-D-3)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

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

Procedure General

Any person who completed adult diversion prior to July 1, 2002, must file a petition with the court. 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 petition can be filed two years after the successful completion of the adult diversion program.

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