Vermont v. Turner
Annotate this CasePetitioner Clayton Turner was convicted of absconding from furlough twice, once in November 2001 and once in January 2009. In June 2011, petitioner was charged with second-degree aggravated domestic assault, with a habitual-offender enhancement that was based in part on the two earlier absconding-from-furlough convictions. Petitioner left the state and was not arrested on the domestic-assault charge until November 2018. He was arraigned and held without bail. In December 2019, petitioner filed petitions to expunge the two absconding-from- furlough convictions, arguing, in relevant part, that he was entitled to expungement of those convictions under the terms of Vermont’s expungement statute because the Legislature had recently decriminalized absconding from furlough. The Vermont Supreme Court concluded that expungement of petitioner’s prior escape convictions was not available to him under the governing law; accordingly, it affirmed the criminal division’s decision.
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