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.
Wondering if your Vermont record qualifies under the 2020 expansion - or if your cannabis conviction was automatically expunged? We can help you find out and take next steps. Learn more about background check reports on our blog.
Get a Free Record AssessmentArrests 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:
- 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.
- Complete the petition form available through the Vermont Judiciary website (vermontjudiciary.org). Vermont provides standardized forms for expungement petitions.
- 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.
- Serve the state's attorney's office - the prosecutor for the county receives notice and has 30 days to object or request a hearing.
- 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.
- 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 challenge - as in every state - is third-party databases. Background check companies, data brokers, and news archives that captured your Vermont record before the expungement will retain and display that information indefinitely unless 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.
13 V.S.A. § 7602 governs expungement in Vermont, enacted in 2018 and expanded in 2020. Vermont charges no filing fee for expungement petitions - a notable advantage over most states. Forms and filing instructions are at vermontjudiciary.org. Statutory text is at legislature.vermont.gov.
Cannabis possession convictions may be eligible for automatic or expedited expungement without an individual petition. For other conviction types, the waiting period is 5 years (misdemeanors) or 10 years (eligible felonies).
Authoritative Resources
Related Guides
Vermont Court Records: What Shows Where
| Record Type / Platform | Legal Relief Available? | Online Removal Possible? |
|---|---|---|
| Arrest without conviction / dismissed charge | Yes - § 7602 (no wait) | Yes - after expungement order |
| Eligible misdemeanor conviction | Yes - § 7602 (5yr wait) | Yes - after expungement order |
| Eligible felony conviction (non-violent, non-sex) | Yes - § 7602 (10yr wait) | Yes - after expungement order |
| Cannabis possession conviction | Yes - automatic or expedited process | Yes - after expungement order |
| DUI conviction | No - categorically excluded | Partial - data broker removal and suppression |
| Violent felony / sex offense | No - categorically excluded | Partial - data broker removal possible |
| Domestic assault conviction | No - categorically excluded | Partial - data broker removal possible |
| Vermont Judiciary portal listing | Yes - sealed after expungement | Yes - for sealed records |
| Data broker / background check sites | No legal remedy | Yes - opt-out and removal requests |
| News archive articles | No legal remedy | Sometimes - voluntary removal by publisher |
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Frequently Asked Questions
Vermont enacted its first meaningful expungement statute in 2018 under Act 132, codified at 13 V.S.A. § 7602. Prior to 2018, Vermont had extremely limited record relief available. The law was further expanded in 2020 through Act 168, which broadened eligibility and shortened certain waiting periods.
Vermont expungement under § 7602 covers eligible misdemeanor convictions (5-year wait) and certain low-level felony convictions (10-year wait). Arrests without conviction and dismissed charges can be expunged without a waiting period. Cannabis possession convictions may be eligible for automatic or expedited expungement. Serious offenses including violent felonies, sex offenses, and DUI are excluded.
Vermont does not have fully automatic expungement for most convictions. However, Vermont has implemented automatic or expedited processing for certain cannabis possession convictions that are no longer criminal under current law. For other convictions, a petition must be filed with the Vermont Superior Court.
Vermont expungement seals the court record and the Vermont Criminal Information Center (VCIC) updates its criminal history database. However, private background check companies and data broker websites that previously copied the record will continue to show it unless specifically contacted. Vermont expungement does not automatically reach private databases.
Yes. Vermont legalized marijuana possession in 2018 and subsequently passed legislation allowing for expungement of prior marijuana possession convictions that would not have been criminal under the new law. Vermont processes certain cannabis convictions automatically through the courts without requiring individual petitions from defendants.
Vermont is one of the few states with no filing fee for expungement petitions, making it significantly more accessible than states like Tennessee ($450) or Utah ($200+). From filing to a granted order, Vermont expungements typically take 3–6 months, depending on the court's docket and whether the state's attorney objects. After the order is granted, the Vermont Criminal Information Center (VCIC) and the Vermont Judiciary portal are updated within 30–60 days. Note that no waiting period applies to arrests without conviction, while misdemeanor convictions require 5 years and felony convictions require 10 years from sentence completion.
After Vermont expungement, the VCIC criminal history database is updated and the Vermont Judiciary portal reflects the sealed status. For most private-sector employment, you may legally answer "no" to conviction disclosure questions. However, certain professions - healthcare, education, law enforcement, finance - may have additional disclosure requirements or access to sealed records. Additionally, private background check companies that collected Vermont records before the expungement will continue to display them until contacted directly with your court order and a removal request.
Vermont uses the term "expungement" to describe the process under 13 V.S.A. § 7602, but the practical effect is similar to sealing in many other states - the record becomes inaccessible to the public and most employers, but is not physically destroyed. Vermont also provides for "sealing" of certain records in juvenile proceedings. The key distinction is that Vermont expungement allows you to lawfully deny the existence of the record in most contexts, whereas in some other states, "sealing" preserves the record with restricted access but doesn't allow full denial.