Overview Description

The criminal history record of a case ending without conviction can be sealed or expunged by the court at any time. 13 V.S.A. § 7603(g).

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. For 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. 32 V.S.A. § 1431(e). 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(h).

Effect

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

Waiting Periods

There is no waiting period.

(non-prod server)