Overview Description

Records relating to a conviction for an offense that is no longer prohibited by law or designated as a criminal offense can be expunged by the court at any time after sentence completion, if the petitioner has paid any restitution in full. 13 V.S.A. § 7602(a)(1)(B), (e).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed with the Criminal Division of the Superior Court. 13 V.S.A. § 7601. For the specific procedure, see 13 V.S.A. § 7601 et seq.

If the petition is denied, the person must wait two years before submitting a new petition, unless the court authorizes a shorter period. 13 V.S.A. § 7605.

Fees

$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).

Effect

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 records. 13 V.S.A. §§ 7606(a), (b).

For the specific effects of expungement, see 13 V.S.A. § 7606.

Waiting Periods

The petition can be filed at any time after sentence completion.

(non-prod server)