2018 Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 230 - Expungement And Sealing Of Criminal History Records
§ 7602 Expungement and sealing of record, postconviction; procedure
§ 7602. Expungement and sealing of record, postconviction; procedure
(a)(1) A person may file a petition with the court requesting expungement or sealing of the criminal history record related to the conviction if:
(A) the person was convicted of a qualifying crime or qualifying crimes arising out of the same incident or occurrence; or
(B) the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.
(2) The State's Attorney or Attorney General shall be the respondent in the matter.
(3) The court shall grant the petition without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall issue the petitioner a certificate and provide notice of the order in accordance with this section.
(b)(1) The court shall grant the petition and order that the criminal history record be expunged pursuant to section 7606 of this title if the following conditions are met:
(A) At least five years have elapsed since the date on which the person successfully completed the terms and conditions of the sentence for the conviction, or if the person has successfully completed the terms and conditions of an indeterminate term of probation that commenced at least five years previously.
(B) The person has not been convicted of a crime arising out of a new incident or occurrence since the person was convicted for the qualifying crime.
(C) Any restitution ordered by the court has been paid in full.
(D) The court finds that expungement of the criminal history record serves the interests of justice.
(2) The court shall grant the petition and order that all or part of the criminal history record be sealed pursuant to section 7607 of this title if the conditions of subdivisions (1)(A), (B), and (C) of this subsection are met and the court finds that:
(A) sealing the criminal history record better serves the interests of justice than expungement; and
(B) the person committed the qualifying crime after reaching 19 years of age.
(c)(1) The court shall grant the petition and order that the criminal history record be expunged pursuant to section 7606 of this title if the following conditions are met:
(A) At least 10 years have elapsed since the date on which the person successfully completed the terms and conditions of the sentence for the conviction.
(B) The person has not been convicted of a felony arising out of a new incident or occurrence in the last seven years.
(C) The person has not been convicted of a misdemeanor during the past five years.
(D) Any restitution ordered by the court for any crime of which the person has been convicted has been paid in full.
(E) After considering the particular nature of any subsequent offense, the court finds that expungement of the criminal history record for the qualifying crime serves the interests of justice.
(2) The court shall grant the petition and order that all or part of the criminal history record be sealed pursuant to section 7607 of this title if the conditions of subdivisions (1)(A), (B), (C), and (D) of this subsection are met and the court finds that:
(A) sealing the criminal history record better serves the interests of justice than expungement; and
(B) the person committed the qualifying crime after reaching 19 years of age.
(d) For petitions filed pursuant to subdivision (a)(1)(B) of this section, unless the court finds that expungement would not be in the interests of justice, the court shall grant the petition and order that the criminal history record be expunged in accordance with section 7606 of this title if the following conditions are met:
(1) The petitioner has completed any sentence or supervision for the offense.
(2) Any restitution ordered by the court has been paid in full.
(e) For petitions filed pursuant to subdivision (a)(1)(B) of this section for a conviction for possession of a regulated drug under 18 V.S.A. chapter 84, subchapter 1 in an amount that is no longer prohibited by law or for which criminal sanctions have been removed:
(1) The petitioner shall bear the burden of establishing that his or her conviction was based on possessing an amount of regulated drug that is no longer prohibited by law or for which criminal sanctions have been removed.
(2) There shall be a rebuttable presumption that the amount of the regulated drug specified in the affidavit of probable cause associated with the petitioner's conviction was the amount possessed by the petitioner.
(f) Prior to granting an expungement or sealing under this section for petitions filed pursuant to subdivision 7601(4)(D) of this title, the court shall make a finding that the conduct underlying the conviction under section 1201 of this title did not constitute a burglary into an occupied dwelling, as defined in subdivision 1201(b)(2) of this title. The petitioner shall bear the burden of establishing this fact. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2015, No. 36, § 2, eff. May 26, 2015; 2017, No. 57, § 4; 2017, No. 178 (Adj. Sess.), § 1.)
