Overview Description

Records relating to a child adjudicated delinquent on or after July 1, 1996, will be sealed if two years have elapsed since the final discharge, unless the state's attorney files an objection and the court finds that the child is subject to a disqualifying event and has not been satisfactorily rehabilitated. 33 V.S.A. § 5119(a).

Ineligible Category or Citation

The person is ineligible for an automatic sealing if they have been convicted of a listed offense, adjudicated delinquent of such an offense after the initial adjudication, or has a pending charge for one of the listed offenses. 33 V.S.A. § 5119(a)(1)(A).

Procedure General

The record is sealed automatically unless the state files a motion objecting to the sealing and the court finds the person was convicted of a listed offense, adjudicated delinquent of a listed offense after the initial adjudication, has a pending charge for a listed offense, or has not attained satisfactory rehabilitation. 33 V.S.A. § 5119(a)(1)(A)(2).

The court can limit the order to court files and records only upon good cause shown by the state's attorney. 33 V.S.A. § 5119(a)(1)(A)(4).

Fees

There is no statutory language regarding fees.

Effect

The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d).

Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1).

Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).

Waiting Periods

The person is eligible for automatic sealing if two years have elapsed since the person's final discharge.

(non-prod server)