1. What is an expungement?
In Vermont, expungement is a sealing of records. Under 33 V.S.A. §5538, upon entry of an order sealing files and records, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the person, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in any matter.
2. Do the records just disappear?
No. When a record is expunged, the record is not destroyed but removed from public access and sealed.
3. Who is eligible to get records expunged?
1) Persons who complete the terms of probation and of the deferred sentence agreement and are discharged by the court under 33 V.S.A. §7041.
2) A child who has been adjudicated delinquent or in need of care or supervision, or a person pleading guilty or convicted of a crime before reaching the age of majority may petition for sealing records after two years from their final discharge. They must not have not been convicted of a felony or misdemeanor involving moral turpitude or adjudicated delinquent or in need of care or supervision after such initial adjudication and prior to the hearing and have no proceeding pending seeking such conviction or adjudication. They also must have been rehabilitated to the court’s satisfaction. 33 V.S.A. §5538.
3) Under 33 V.S.A. § 5529e, a juvenile who successfully completed the terms of the juvenile disposition order and has been rehabilitated may have their records expunged.
4. What records may be expunged?
Fingerprints of juveniles not convicted of any crime or found delinquent before they reach age 16 may be expunged under 33 VSA 5537. Expungements granted under 33 V.S.A. §7041 and 33 V.S.A. §5537 apply to records, files, and index references related to the expunged court involvement.
5. How do I get records expunged?
When criminal proceedings are discharged under 33 V.S.A. §7041, and any required restitution is fully paid, or is eligible under 33 V.S.A $5529e, expungement will be granted as a matter of law and no petition to the court is required.
To expunge juvenile records under 33 VSA 5538, a petition for expungement needs to be made to the court. Notice of a hearing held under this section shall in any event be given to:
(1) The state's attorney having jurisdiction,
(2) If the final discharge was from an institution or from parole, the authority granting the discharge, and
(3) If the files and records specified in sections 5536 (confidential records)and 5537 (fingerprints)are included in the application or motion, the law enforcement officers or department having custody of the files and records. If the order is granted, a copy will be served on all officers and agencies named in the order.
