Vermont: Adult Non-Conviction Arrests (VT-NC-6)

The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603(a) or (g) is expunged 8 years after the date on which the record was sealed, unless either party objects. 13 V.S.A. § 7603(f).

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory unless opposed by the state

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Thirty days before expunging a record, the court must provide the state's attorney's office that prosecuted the case written notice of intent to expunge the record. 13 V.S.A. § 7603(h).

Fees

There are no fees.

Effect

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

The record can be expunged eight years after the date on which the record was sealed.

Back to Vermont