Sealing or Expunging Your Criminal Record in Vermont

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 are:

• Four felony offenses: Felony Burglary (not in a home), Grand Larceny, Prescription Fraud and Criminal Mischief.
• Most misdemeanor offenses except:
  • not the violent, sex-related offenses listed in Vermont law 13 V.S.A. § 5301,
  • not sexual exploitation of children
  • not violation of a protection order
  • not prostitution
  • not any “predicate offenses” — which are offenses that can be used to enhance a sentence for a later conviction. For example, DUIs, domestic assault and stalking are all predicate offenses and cannot be expunged.

To summarize: Most felony offenses cannot be expunged, and most violent or sex offense misdemeanors cannot be expunged. Many traffic-related convictions (like DUIs) — even if they are just misdemeanors — cannot be expunged. You cannot expunge federal convictions.

Note: If you have crimes that can’t be expunged, it may still be worth filing a petition for the crimes that do qualify. This will reduce your criminal record.

Yes. The other eligibility requirements depend on whether you have been convicted of another crime since your conviction of the qualifying crime.

If you have no later convictions, you can petition for expungement if both of the following are true:

• It’s been five years since completing your sentence.
• You paid all restitution.

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

• It’s been 10 years since completing your sentence for the conviction of 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.
• You paid all restitution for the qualifying crime.

Note: If your conviction is a qualifying crime and it has not been five years since you completed your sentence, you can ask the State’s Attorney whether they would “stipulate” (agree) to your petition. If they stipulate, the court will grant the petition.

Effective July 1, 2018, in Vermont, all dismissed charges are eligible for expungement. This will happen automatically for new charges. For older dismissed charges, you will need to file a petition 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 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 request a copy of the police affidavit from the court at which you were convicted, and include it with the petition when you file.

If you committed a crime before turning 21 years old, you may be eligible to seal the record of your conviction. All of the following must be true: 

• You were not later convicted of one of the violent or sex offenses listed in Vermont law at 13 V.S.A. § 5301. These are referred to as “listed crimes.”  
• You are not currently being charged with a listed crime.
• You paid all of your restitution.
• You have waited two years from the date you completed your sentence.
• The judge finds that you have been rehabilitated since committing the crime.

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.
• 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. Contact Vermont Law Help for a referral to Vermont Legal Aid for help with this. (See the “Need more help?” section, below.)

You don’t need a lawyer to file a petition. If you have access to your up-to-date criminal record, you can petition on your own. But you may want to consult with a lawyer to be sure that your conviction is eligible for expungement or sealing. 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.

a) Find out what exactly is on your criminal record.

• If you have just one charge or conviction, or if all of your charges or convictions are from one court in Vermont, you can request a copy of your docket sheet(s) directly from the criminal court at which you were charged or convicted. Here is a list of court locations in Vermont.
• If you have multiple charges or convictions from different courts in Vermont, you can request your docket sheets from each court. This can be time consuming. Another way to do this, if you have $30, is to request your criminal record report from VCIC. You can go in person or request it online:

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

b) Find out whether you have completed your sentence. You must have:

• finished incarceration/jail time
• been discharged from probation or parole
• paid any fine
• paid all restitution

Sometimes this information is on your docket sheet. Sometimes the court will be able to tell you. Sometimes you will need to call probation/parole.

Once you have your complete record, determine whether any part of your record can be expunged or sealed. You will need to review each charge or conviction separately.

If you answer “No” to each question, you are not eligible for expungement. For each answer “Yes,” go to the next step in order to expunge that part of your record.

a) Do you have any dismissed charges? Many dismissed charges can be expunged immediately. Go to Step Four.

Sometimes a prosecutor will object to a petition to expunge a newly dismissed charge, if there is some reason to keep this record. This does not mean the court won’t expunge or seal your record, but you may have a court hearing.

b) Were you under 21 when you were convicted? Go to Step Three.

c) If you were you over 21 when you were convicted, was the crime one of these “qualifying crimes”? For each crime on the list, go to Step Three.

d) Were any of your convictions a misdemeanor marijuana possession for less than 1 oz.? If so, get a copy of the police affidavit or charging documents. Go to Step Three.

Once you have completed each of the requirements below, go to Step Four to fill out your petition.

a) Did you complete every part of your sentence?

If you answer “No” to any of the following questions, you are not eligible for expungement yet. Come back when you can answer “Yes” to each question. Note: If the issue you are having is paying fines, contact Vermont Law Help for a referral to Vermont Legal Aid to see if we can help you.

• Have you finished any time you were sentenced to serve in prison?
• Have you been discharged from probation or parole?
• Have you paid all fines?
• Have you paid all restitution?

b) How long ago did you complete your sentence? (Skip this question if you are trying to expunge misdemeanor marijuana possession for less than 1 oz.)

• If you were 21 or older when convicted, you must have completed all parts of your sentence at least five years ago.

When you call or email the State’s Attorney’s office, have a list written down of all the offenses you would like them to agree to expunge.

• If you were under 21 when convicted, you must have completed all parts of your sentence at least two years ago. In addition:
  • You must not have been convicted of any crime in subsection (7) on this list, entitled “listed crimes,” after being convicted, and 
  • You should include information in your petition that show you have been “rehabilitated.”

c) Were any of your sentences a fine? 

If so, verify that your fine has been paid. (Look on your docket sheet or call the court.) If it was not paid, you cannot petition for expungement until it is paid. To pay the fine, contact Alliance One. Note: If you cannot pay this fine, contact Vermont Law Help for a referral to Vermont Legal Aid. We may be able to help.

d) Were you ordered to pay restitution? 

If so, verify that your restitution has been paid. If it was not paid, you cannot petition for expungement until it is paid in full. You can contact the sentencing court if you want to modify your restitution payment plan. You will not be able to change the total amount of restitution owed.

If you determined that you have some charges or convictions that can be sealed or expunged, fill out the petition form. If you have convictions in more than one county, you will have to fill out a different form for each county listing the charges or convictions you have from that county. Each docket number requires its own petition. If you have three counts on the same docket, you can use one petition. If you have more than three, use additional petitions.

Go to the Vermont Judiciary website to find the appropriate expungement petition form. You can fill it out on your computer or by hand.

• If the State’s Attorney is willing to stipulate, use this form.
• If you were unable to reach the State’s Attorney or they will not stipulate, use this form.
• At the top of the form where it says “Re:” fill in your full name.
• Where it says DOB, fill in your date of birth.

If you have questions, you can contact Vermont Law Help for a referral to Vermont Legal Aid for help.

a) If the State’s Attorney has agreed to stipulate, call their office and ask whether you should sign, scan and email the petition, or whether you should mail it or drop it off in person. Keep a copy for yourself.

Be sure the State’s Attorney is going to file the stipulation. If they are, you are done with these steps. If you do not hear from the court or the State’s Attorney regarding the stipulation within two weeks, contact them to find out the status of your expungement.

Note: The State’s Attorney may still ask you to file the petition with the court after they sign it. If so, submit the stipulation signed by both of you to the court along with your fee waiver form or $90.

b) If the State’s Attorney will not stipulate to your petition, you can still file the petition with the court clerk at the criminal court in the county where you were charged with the crime. Here is a list of court locations in Vermont.

You will need to pay $90 to file each petition, unless your income makes you eligible for a fee waiver. If you have a low income, fill out the Application to Waive Filing Fees and Service Costs form on the Vermont Judiciary website or at the court.

This form needs to be notarized. Court clerks can notarize for you.

If you are filing for expungement in more than one county at the same time, you can make copies of the forms, but your signature and the notary’s seal cannot be copied—those must be “original” on each document.

After you file, you should receive a response from the court within 30 days. If you have not, you can call the court to get an update. The court will either grant your petition, deny it, or schedule a hearing.

If the court schedules you for a hearing and you need assistance preparing, you can call Vermont Law Help at 1-800-889-2047 for a referral to Vermont Legal Aid.

If the court grants your petition, they will send you a certificate of expungement. The Vermont Crime and Information Center should expunge your record within 60 days.