2020 Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 230 - Expungement and Sealing of Criminal History Records
§ 7606. Effect of expungement
§ 7606. Effect of expungement
(a) Order and notice. Upon finding that the requirements for expungement have been met, the court shall issue an order that shall include provisions that its effect is to annul the record of the arrest, conviction, and sentence and that such person shall be treated in all respects as if he or she had never been arrested, convicted, or sentenced for the offense. The court shall provide notice of the expungement to the respondent, Vermont Crime Information Center (VCIC), the arresting agency, and any other entity that may have a record related to the order to expunge. The VCIC shall provide notice of the expungement to the Federal Bureau of Investigation's National Crime Information Center.
(b) Effect.
(1) Upon entry of an expungement order, the order shall be legally effective immediately and the person whose record is expunged shall be treated in all respects as if he or she had never been arrested, convicted, or sentenced for the offense.
(2) In any application for employment, license, or civil right or privilege or in an appearance as a witness in any proceeding or hearing, a person may be required to answer questions about a previous criminal history record only with respect to arrests or convictions that have not been expunged.
(3) The response to an inquiry from any person regarding an expunged record shall be that "NO CRIMINAL RECORD EXISTS."
(4) Nothing in this section shall affect any right of the person whose record has been expunged to rely on it as a bar to any subsequent proceedings for the same offense.
(c) Process.
(1) The court shall remove the expunged offense from any accessible database that it maintains.
(2) Until all charges on a docket are expunged, the case file shall remain publicly accessible.
(3) When all charges on a docket have been expunged, the case file shall be destroyed pursuant to policies established by the Court Administrator.
(d) Special index.
(1) The court shall keep a special index of cases that have been expunged together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
(2) The special index and related documents specified in subdivision (1) of this subsection shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(3) Inspection of the expungement order may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(4) [Repealed].
(5) The Court Administrator shall establish policies for implementing this subsection. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2015, No. 133 (Adj. Sess.), § 2a, eff. May 25, 2016; 2017, No. 57, § 6; 2017, No. 178 (Adj. Sess.), § 3; 2017, No. 201 (Adj. Sess.), § 3; 2019, No. 32, § 5.)
