Vermont: Adult Non-Conviction Arrests (VT-NC-3)

Records relating to a juvenile charged with a criminal offense or who was the subject of a delinquincy petition on or after July 1, 2006 and prior to the person attaining majority, can be sealed by the court immediately upon dismissal. 33 V.S.A. § 5119(h)(1).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

See 33 V.S.A. § 5119(h)(1) for ineligible offenses.

Procedure General

The record is sealed automatically unless the state files a motion objecting to the sealing and the court finds the person was convicted of a listed offense, adjudicated delinquent of a listed offense after the initial adjudication, has a pending charge for a listed offense, or has not attained satisfactory rehabilitation. The court can limit the order to court files and records only upon good cause shown by the state's attorney.

Fees

There is no statutory language regarding fees.

Effect

The files and court records are sealed. 33 V.S.A. § 5119(h)(2). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). The sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).

Waiting Periods

The petition can be filed two years after the charge is dismissed.

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