Vermont: Adult Non-Conviction Arrests (VT-NC-5)

The criminal history record of a case ending without conviction can be sealed or expunged by the court within 60 days after final disposition if the person is acquitted or charges are dismissed, or at any time the prosecuting attorney and party stipulate that the court may grant the petition to expunge the record. 13 V.S.A. § 7603(e).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Varies

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed with the Criminal Division of the Superior Court.Ã‚ For specific procedure, seeÃ‚ 13 V.S.A. § 7601 et seq. If the petition is denied, the person must wait two years before submitting a new petition, unless the court authorizes a shorter period. 13 V.S.A. § 7605.

Fees

There is no statutory language regarding fees.

Effect

The court may grant the petition and order the record expunged or sealed depending on the age of the petitioner at the time of the offense and what remedy better serves the interests of justice. 13 V.S.A. § 7602(c). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).

Waiting Periods

There is no waiting period.

Back to Vermont