Vermont Expungement & Court Record Removal: A New Law With Real Promise

Vermont's Expungement History: From Almost Nothing to Genuine Access

For most of its history, Vermont offered virtually no pathway to expunge or seal criminal records. This changed with the passage of Act 132 in 2018, which created 13 V.S.A. § 7602 and established Vermont's first meaningful expungement framework. Act 168 in 2020 further expanded the law, shortening waiting periods and adding additional eligible offense categories. For more information, visit the Vermont Judiciary.

Vermont's expungement law is a petition-based process - there is no automatic sealing for convictions (with the notable exception of certain cannabis offenses). Petitioners file with the Vermont Superior Court in the criminal division, and a judge determines whether the petition should be granted based on statutory criteria and the interests of justice. Learn more about expungement vs. record sealing on our blog.

When Vermont expungement is granted, the court record is sealed, the Vermont Criminal Information Center (VCIC) removes the record from its criminal history database, and law enforcement records are updated. The petitioner can legally state on most applications that the arrest or conviction did not occur. Learn more about court record removal on our blog.

What Records Qualify for Vermont Expungement

Vermont expungement under § 7602 covers the following categories: For more information, visit the Vermont Legislature.

Arrests Without Conviction and Dismissed Charges

If you were arrested but the charges were dismissed, you were found not guilty, or the prosecution was declined, you may petition for expungement without any waiting period. Vermont has streamlined this process and it is generally granted without opposition in most cases. The petition is filed with the criminal division of the Superior Court in the county where the charge was brought.

Misdemeanor Convictions

Eligible misdemeanor convictions can be expunged after a 5-year waiting period from the later of discharge from supervision (probation, parole) or payment of all fines, fees, and restitution. To qualify, you must not have been convicted of any criminal offense during the waiting period. Certain misdemeanor offenses are categorically excluded - see below.

Certain Felony Convictions

As of the 2020 expansion, Vermont allows expungement of certain eligible felony convictions after a 10-year waiting period. The eligible felony list is limited and does not include violent felonies, sex offenses, or DUI-related felonies. Examples of potentially eligible felonies include certain low-level drug felonies and some property crime felonies.

Cannabis Convictions - Special Rules

Vermont legalized cannabis possession in 2018 and subsequently passed legislation providing for expungement of prior cannabis possession convictions that would no longer be criminal. Vermont has moved toward automatic processing of these expungements - the court identifies eligible cases and processes them without requiring individual petitions from defendants. If you have a prior Vermont cannabis possession conviction, it may already have been expunged or may be eligible for expedited processing.

Ineligible Offenses

The following are excluded from Vermont expungement regardless of time elapsed:

• Any offense involving sexual assault or a sexual offense requiring registration on the Vermont Sex Offender Registry
• Lewd and lascivious conduct with a child
• Any felony involving violence or the use of a deadly weapon
• DUI convictions (first or subsequent)
• Domestic assault (any level)
• Stalking or aggravated stalking convictions
• Crimes against children

Filing for Vermont Expungement

The expungement petition process in Vermont proceeds through the Vermont Superior Court. Steps include:

1. Obtain your criminal record from the Vermont Criminal Information Center (VCIC) to confirm what is on file, the case numbers, and the court where the matter was heard. VCIC records can be requested online or by mail for a small fee.
2. Complete the petition form available through the Vermont Judiciary website (vermontjudiciary.org). Vermont provides standardized forms for expungement petitions.
3. File with the Superior Court in the criminal division for the county where the offense occurred. Vermont does not charge a filing fee for expungement petitions - an intentional policy decision to make the process more accessible.
4. Serve the state's attorney's office - the prosecutor for the county receives notice and has 30 days to object or request a hearing.
5. Attend a hearing if scheduled. If no objection is filed, many courts grant petitions on the papers without a hearing. If there is an objection or the court wants to hear from you, a hearing is scheduled.
6. Order distributed. Once granted, the court sends the expungement order to VCIC, the arresting agency, and the court clerk, who seals the record. VCIC updates its database within a reasonable time.

Vermont's Court Portal and Online Record Exposure

Vermont's online court record system through the Vermont Judiciary portal is less comprehensive than many other states - Vermont has historically been more protective of court record privacy. However, arrest records and case information do appear online through various channels, including the Vermont Judiciary's online docket search and local news coverage.

After expungement, Vermont's official systems are updated. The bigger task - as in every state - is third-party databases. Background check companies, data brokers, and news archives that captured your Vermont record before the expungement may continue to display that information until it is separately addressed.

Vermont law does not require private companies to remove data after expungement. This means that even a fully granted Vermont expungement may not stop your record from appearing on a commercial background check report from a company that scraped Vermont court data years ago.

Vermont Court Records: What Shows Where