Vermont: Adult Non-Conviction Arrests (VT-NC-1)

The criminal history record is sealed by the court 60 days after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, unless the prosecuting attorney objects. 13 V.S.A. § 7603(a).

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory unless opposed by the state

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

See section 7601 for qualifying offenses. 13 V.S.A. § 7603.

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. § 7602; 7605 et seq.

Fees

There is no fee.

Effect

The petitioner is treated in all respects as if there was no arrest. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).

Waiting Periods

The record can be sealed 12 months after dismissal or at any time if the prosecuting attorney so stipulates.

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