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 us at Legal Services Vermont 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.
: If it has not yet been five years since you completed your sentence, you can only expunge your record if the State’s Attorney agrees (or “stipulates”) to your petition. You will have to call or email the State’s Attorney’s office
to ask whether they will agree. You should do this before starting any petition.
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:
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 us at Legal Services Vermont 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.