Overview Description

Records relating to a child adjudicated delinquent prior to July 1, 1996, will be sealed upon a petition or the court's own motion, if the court finds that the child is not subject to a disqualifying event and has been satisfactorily rehabilitated. 33 V.S.A. § 5119(b).

Ineligible Category or Citation

The person is ineligible for automatic sealing if the person has been convicted of a listed offense as defined in section 5301, 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(b).

Procedure General

On application of the child or on the court's own motion and after notice to all parties of record and hearing, the court will order the sealing of all files and records related to the proceeding if the court finds that the child is not subject to a disqualifying event and has been satisfactorily rehabilitated. 33 V.S.A. § 5119(b).

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 petition can be filed at any time.

(non-prod server)