Records relating to a conviction of a qualifying crime, or crimes arising out of the same incident, can be expunged or sealed by the court five years after the sentence is completed or the commencement of a successfully completed indeterminate term of probation, if the petitioner has no subsequent convictions and has paid all restitution. 13 V.S.A. § 7602(b).
Ineligible Category or Citation
See section 7601 for qualifying offenses. 13 V.S.A. § 7601.
If the petition is denied, the petitioner must wait two years before submitting a new petition, unless the court authorizes a shorter period. 13 V.S.A. § 7605.
$90. Part or all of the fee can be waived if the court finds that the person is unable to pay it. 32 V.S.A. § 1431(e),(h).
The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).
The court can grant the petition and order the record expunged or sealed, depending on the age of the petitioner at the time of the offense and what remedy better serves the interests of justice. 13 V.S.A. § 7602(b). For the specific effects of sealing and expungement, see 13 V.S.A. §§ 7606, 7607.
The petition can be filed five years after sentence completion or the commencement of a successfully completed indeterminate term of probation.