Vermont: Adult Non-Conviction Arrests (VT-NC-8)

The criminal history record of a case can be sealed by the court within 60 days after disposition of the case if no probable cause has been determined upon arraignment or the charges are dismissed without prejudice. 13 V.S.A. § 7603(a).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The court shall issue an order sealing the criminal history record related to the citation or arrest of a person. 13 V.S.A. § 7603(a).

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

There is a 60-day waiting period.

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