Vermont: Adult Non-Conviction Arrests (VT-NC-7)

The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603 before July 1, 2018 can be expunged by the court, unless the state's attorney objects. 13 V.S.A. § 7603(h).

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

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 records.13 V.S.A. § 7606(a), (b).

Waiting Periods

There is no waiting period.

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