Seal or Expunge Your Vermont Criminal Record

Many crimes cannot be expunged in Vermont. However, we recommend filing to seal or expunge charges and convictions that are eligible to reduce your criminal record and give a more accurate and updated picture to the public about who you are today. All crimes can be sealed if they were committed before you turned 25 (with a few other eligibility requirements; see Step 8 below).

Federal Convictions: Apart from one very narrow exception, federal crimes cannot be expunged from your record. The exception is for first-time simple drug possession offenses committed before the defendant turned 21 years old. To expunge such a conviction, talk with your defense attorney.

Certain Vermont convictions that cannot be expunged fall into three categories: felonies, misdemeanors and “predicate offenses.” Each is described briefly.

• Felonies committed by someone age 25 and older generally cannot be sealed or expunged; only 14 felonies can be. (They are listed below in Step 3.) All felonies can be sealed if committed before the age of 25, with some additional requirements.
• Misdemeanors which cannot be sealed or expunged are violent or sex-related offenses, violation of a protection order, and prostitution, unless they are committed before a person turns 25.
• Predicate Offenses are crimes that can be used to enhance the sentence of another crime. In Vermont law, these are called “predicate offenses.” They cannot be expunged or sealed, unless they were committed before a person turned 25. Examples include domestic assault and stalking.

The following crimes are not considered predicate offenses, so if you have any of them on your record, you can still try to have your record expunged or sealed:

• disorderly conduct
• possession of a controlled substance.

All convictions from offenses committed before you turned 25 can be sealed if the following is true:

• petitioner completed their sentence over 2 years ago
• petitioner paid all restitution and was not convicted of a “listed offense” in 13 V.S.A. § 5301(7), in the last 10 years, and
• petitioner is not being charged with a “listed offense” the time of petitioning.

Dismissed charges can be expunged. You will need to file a stipulation or petition to expunge any charge that was dismissed before July 1, 2018. Charges dismissed after that date, should be sealed automatically, but you might want to check. If you want that record to be expunged, you will need to petition for expungement. We recommend that you wait at least six months after the dismissal before petitioning to expunge.

Crimes that qualify for expungement. To expunge a conviction from your record, the crime must have been committed in Vermont, and it must be considered a “qualifying crime.” Qualifying crimes can be felonies or misdemeanors.

• Felonies: 14 felony offenses can be expunged.
• Misdemeanors: Most misdemeanor offenses can be expunged, but not the violent or sex offense misdemeanors and not most driving offenses.
• DUI / Negligent Operation of a Vehicle: If you have only one DUI / Negligent Operation of a Vehicle, it can be sealed. If you have multiple DUIs / Negligent Operation of a Vehicle, none of them can be sealed or expunged. See below for more information.

Governor’s pardon: Any offense for which the governor has granted an unconditional pardon can be expunged.

If you have only one DUI (driving under the influence) or Negligent Operation of a Vehicle conviction, it can be sealed 10 years after you completed your sentence, but only if you were never convicted of an offense after your DUI or Negligent Operation of a Vehicle conviction.* If you have multiple DUIs or Negligent Operation of a Vehicle convictions, none of them can be sealed or expunged. Follow the steps below for filing a petition.

Note: When you file to have your DUI sealed, you will pay a $90 filing fee to the court you are filing in. If you have a very low income, you can fill out a Fee Waiver Form and submit it with your petition.

* The exception to this rule is if you committed your DUI offense when you were under 25 years old. If that is the case, you can file under the “juvenile sealing law”, see Step 8 below. The requirements for filing under this law are that you completed your sentence over 2 years ago, you paid any restitution owed, and within the last 10 years you were not convicted of—nor are you currently being charged with—a listed offense under 13 VSA 5301(7).

Yes. (Although, if the conviction is for a drug possession offense for an amount that is no longer illegal, you can petition for expungement at any time. See “What if offenses are no longer crimes?” below.)

1. You must have completed your sentence.
2. You must have paid all restitution.
3. You must have paid all surcharges. (If you cannot pay these, you can file a motion to waive surcharges when you file a motion to seal/expunge, along with a sworn statement that you cannot afford to pay the surcharges.)
4. You must have paid any public defender fees (or it must have been sent to the Department of Taxes), or you must file a motion to “remit” or waive these fees because you cannot pay them.
5. The other eligibility requirements depend on whether you have been convicted of another crime since your conviction of the qualifying crime.

If you were convicted of another crime after you were convicted of the qualifying crime, you can petition for expungement if all of the following are true:

• It’s been 10 years since you completed your sentence for the qualifying crime.
• You have not been convicted of a misdemeanor within five years.
• You have not been convicted of a felony offense within the last seven years.

Note: If your conviction is a qualifying crime and it has not been five years (two years if you were under 25) since you completed your sentence, you can ask the State’s Attorney Office whether they would “stipulate” (agree) to your petition. If they stipulate, the court will grant the petition. (See Step 10 below for how to ask the State’s Attorney for a stipulation.

All dismissed charges are now eligible for expungement. The courts will automatically seal newly dismissed charges 60 days after the date of dismissal, unless you or the state objects. You should check your record to make sure the dismissed charge has been sealed. We recommend that you wait until 75 days after the entire case has been resolved. For older dismissed charges, you will need to file a petition to expunge/seal. See Step 6.

If you want a sealed record to be expunged, you will need to petition for expungement. We recommend that you wait at least six months after the dismissal before petitioning to expunge.

• If you were convicted of an offense that is no longer a crime, you can petition for expungement at any time after you finished your sentence and paid all of your restitution. If you owe surcharges but cannot pay them, include in your motion to expunge a request to waive surcharges because of your inability to pay.
• If you were convicted of a drug possession offense for an amount that is no longer illegal, you can petition for expungement at any time.
  • You will have to show the court that the amount you were ultimately convicted of possessing is an amount that is no longer illegal.
  • The court will look at the police affidavit and/or the charging documents to determine this amount. You should ask for a copy of the police affidavit from the court at which you were convicted, and include it with the stipulation or petition when you file.
  • All old misdemeanor marijuana convictions in Vermont will automatically be expunged. Beginning January 1, 2021, if you were arrested for or convicted of a misdemeanor marijuana possession, you will not have to acknowledge the existence of the criminal record. Expungement orders will be mailed to your last known address on file. After January 1, 2022, if you do not get an expungement order in the mail, contact the county criminal court where your conviction was.

If you committed a crime before turning 25 years old, you may be eligible to seal the record of your conviction. The requirements are described below at Step 8.

If you are not eligible to expunge or seal your record, you may have other options.

• Consider applying for a governor’s pardon. You can find the form on the governor’s website. Once you get an unconditional pardon, you can petition the court for an expungement. (Just getting the governor’s pardon will not expunge your record, so anyone will see it if they get a copy of your criminal record.)
  • If you get a conditional pardon, complete the requirements and ask the governor for an unconditional pardon.
• If you are being denied an opportunity by a state agency or institution because of your criminal record, you may be able to petition the court for relief under the Collateral Consequences of Conviction law.
  • Example: If you are being denied an employment license due to your criminal record.
  • Please note that this is a very limited type of relief.

You don’t need a lawyer to file a stipulation or petition. If you have access to your up-to-date criminal record, you can petition on your own. If you file a petition and the court denies it, you may have to wait up to two years from the date you filed before you may re-file.

If you have just one charge or conviction, or if all of your charges or convictions are from one court in Vermont, you can ask for a copy of your docket sheets directly from the criminal court at which you were charged or convicted. Here is a list of court locations in Vermont.

If you have charges or convictions from multiple courts in Vermont, you can ask for your docket sheets from each court. This can be time consuming. If you have $30, you can ask for your criminal record from VCIC. You can go in person or ask for it online:

Record Check Section
45 State Drive
Waterbury, VT 05671-1300
802-241-5320
DPS.RecordChecks@vermont.gov

Here’s an image of a sample docket sheet that shows you what’s on your record.

Click on it to see it full size.

Once you have your complete record, figure out which parts of your record can be expunged or sealed. You will need to review each charge or conviction separately.

For each charge that was “Dismissed by state,” on your docket sheet, write: Expunge.

For each charge that has “Plea Guilty” or “Plea Nolo Contendere” figure out whether you were under 25 when the crime was committed. If you were under 25 at the “alleged offense date” on the docket sheet write: Under 25.

For all crimes committed after you turned 25:

a) If the crime is a felony and is on this list below, write: Expunge. If not on the list below, write: Not Eligible.

b) If the crime is a misdemeanor, and is not on the list below, write: Expunge. If on the list below, write: Not Eligible.

c) For DUI or Negligent Operation: If you have only one DUI or Negligent Operation conviction, write: Seal. If you have more than one DUI or Negligent Operation conviction, write: Not Eligible.

d) For each charge that is Not Eligible, see “Not eligible to expunge or seal?” above to see if there is something you can do to reduce your criminal record even though you are not eligible to have it expunged or sealed.

e) If the conviction is for a drug possession offense for an amount that is no longer illegal, you can petition for expungement at any time. Write:&Expunge. See “What if offenses are no longer crimes?” above.

Here is an example of how your record might look after you have checked all your charges and written on it. Click on it to see it full size.

For charges that were dismissed, jump to Step 9.

There are several requirements that must be met before you are ready to petition for expungement or sealing. Once you have completed each of the requirements below, go to Steps 6, 7 and 8 to fill out your petition.

a) Have you finished all incarceration or jail time? Unless you already know your date of discharge, call your probation or parole office and ask for the date when you were discharged from probation or parole.

b) Have you paid all fines, surcharges and public defender fees?

1. Call AllianceOne at 800-858-4506 to find out whether they show that you have any outstanding fines or surcharges. Have your docket number ready.
2. If you do have a charge with AllianceOne, you can pay them directly and it will be noted in your Vermont record within a couple days.
3. Alternatively, if you do not have the money to pay these surcharges, you can ask the court to “waive” your surcharges based on your inability to pay. You will have to file a sworn statement with the court about your financial situation.
4. Call the court to see if they can tell you if you have completed your sentence.

c) Were you ordered to pay restitution? If so, verify that your restitution has been paid. If it was not paid, you can petition the court to waive the balance you owe. If they will not, contact the sentencing court if you want to change your restitution payment plan. You will not be able to change the total amount of restitution owed.

You cannot file a stipulation or petition to expunge or seal until you have completed all requirements of your sentence.

If you are trying to expunge misdemeanor marijuana possession for less than 1 oz., check "What if offenses are no longer crimes?" above and skip to Step 6.

a) If you were 25 or older when convicted, you must have completed all parts of your sentence at least five years ago.

b) If you were under 25 when convicted, you must have completed all parts of your sentence at least two years ago. If it has been at least two years since you completed all parts of your sentence, be sure to check Step 8 for special rules for convictions under the age of 25.

Check your docket sheets for all the “mis” (misdemeanors) you were convicted of that can be sealed or expunged. Go to Step 10 for instructions on how to work with the State’s Attorney to make the process as smooth as possible.

Prepare one petition for each county where you were convicted of a misdemeanor. You can combine all misdemeanor charges from one county into one petition.

Check your docket sheets for all the “fel” (felonies) you were convicted of that can be sealed or expunged. Go to Step 10 for instructions on how to work with the State’s Attorney to make the process as smooth as possible.

For each felony, create a separate petition. (This way, if the states attorney or court has questions about expunging or sealing one felony, other felonies might still get expunged or sealed.)

There are special rules for sealing of convictions for crimes committed when you were under 25.

First, you must have completed your sentence (as described in Step 4 above) at least two years ago.

Second, you cannot have been convicted of a “listed offense” within the last 10 years, and you cannot currently have a pending charge for a “listed crime.”

Third, you must include information in your petition that shows the court that you have been “rehabilitated.” You can put this information in Question 5. If you run out of space there, continue after the rest of the information on the page.

For every charge on your docket sheet that was “Dismissed by state,” you are entitled to have the record expunged.

If the dismissal was after July 1, 2018, check your record 75 days or more after the final disposition of the case. Under Vermont law, if you had several charges and not all were dismissed, the court does not have to seal the dismissed charge until 60 days after the whole case is done. We recommend that you wait until 75 days have passed, and then check your record. If the charge is still on it, ask the court to remove it.

For all older charges which were “Dismissed by state,” you can file a Petition to Expunge or Seal Criminal History. You have to do one petition for each county where you have charges dismissed by the state. You can combine all charges “Dismissed by state” from one county into one petition.

Sometimes a prosecutor will object to a petition to expunge a newly dismissed charge. This happens when the prosecutor feels there is some reason to keep this record available at least for a while. If that happens, you can ask the State’s Attorney to agree to a sealing of that record. If the State’s Attorney doesn’t agree, you can ask the court to expunge or seal your record. The court might want a hearing. If the record is sealed, you can later ask that it be expunged.

If the State’s Attorney agrees that your criminal record should be expunged or sealed, the process for doing that will be easier than if the State’s Attorney does not agree. If they agree, the two of you will file a Stipulation. If they do not agree and you still want ask the court to expunge or seal your record, you will file a Petition. If you are filing to seal your only DUI, file a Petition, not a Stipulation.

Tip: At the top of either form where it says “Re:” fill in your full name. If it says DOB, fill in your date of birth.

Stipulation: The State’s Attorneys in the following offices are willing to consider whether they agree with your petition. Prepare a Stipulation to Expunge or Seal Criminal History Record. Send it to the State’s Attorney in the manner indicated. Keep a copy for yourself.

Find the contact info for State's Attorney (SA) offices here.

• Addison County: Send petitions for stipulation by mail to SA office, attention: State’s Attorney.
  • Petitioner can follow up by calling the office 2 weeks later.
• Bennington County: Mail or drop off petitions to the State’s Attorney’s office.
  • Petitioner can follow up by calling the office 2 weeks later.
• Caledonia County: Petitioners can:
  • Send by email to lisa.warren@vermont.gov, rose.houde@vermont.gov, danielle.balch@vermont.gov
  • Or, mail to SA office.
  • Petitioner can follow up by calling the office 3 weeks later.
  • State’s Attorney will file the stipulated petitions with the court and send a copy to the petitioner if provided with a good email address.
• Chittenden County: Petitioners can:
  • Bring to the State’s Attorney’s office. It will be reviewed then if possible, or you will be notified as soon as reviewed.
  • Or, mail to SA office, attention: Sarah George, State’s Attorney.
  • Petitioner can follow up by calling the office 2 weeks later.
• Essex County: Send petitions for stipulation via fax or mail.
  • Petitioner can follow up by calling the office 2 weeks later.
• Windsor County: Email draft stipulations to SAS.WindsorAdmin@vermont.gov.
  • Usually you will get a response within 10 days.
  • Petitioner can follow up by calling the office 2 weeks later.
  • State’s Attorney will file the stipulated petitions with the court.

If you have not heard back from the State’s Attorney within two months, call the office to find out what has happened to your Stipulation. If the State’s Attorney will sign the Stipulation, find out whether the State’s Attorney is going to file it. If so, you are done with these steps.

The State’s Attorney may ask you to file the Stipulation with the court after they sign it. If so, submit the Stipulation signed by both of you to the court. Keep another copy for yourself because now it has been signed by the State’s Attorney.

Petitions: If you are filing for your only DUI, or the State’s Attorney is not on the list above, or the State’s Attorney will not sign your Stipulation, you will need to prepare a Petition to Expunge or Seal Criminal History. File your Petition with the court in the county where you were charged or convicted. If you are filing for a DUI, you will pay a $90 filing fee. Send a copy of the Petition to the State’s Attorney. Keep a copy for yourself.

Here is a list of court locations in Vermont.

If the court grants your Stipulation or Petition to expunge or seal a record, the court will send you the order of expungement or sealing. The Vermont Crime and Information Center should expunge or seal your record within 60 days. If you want to be sure that your record has changed, you can check by asking for your conviction report from VCIC. It will cost you $30.