Overview Description

The criminal history record is sealed by the court 12 months after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, unless the prosecuting attorney objects. 13 V.S.A. § 7603(a).

Ineligible Category or Citation

See section 7601 for qualifying offenses. 13 V.S.A. § 7601.

Procedure General

Twelve months after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, the judge orders the record sealed. If the prosecuting attorney objects, the judge schedules a hearing to determine if sealing the record serves the interest of justice. 13 V.S.A. § 7603(a), (b).

Fees

There is no fee.

Effect

The petitioner is treated in all respects as if there was no arrest. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).

Waiting Periods

The record can be sealed 12 months after dismissal or at any time if the prosecuting attorney so stipulates.

(non-prod server)