Old criminal records prevent many Vermonters from getting jobs, housing or educational opportunities. If you have a past criminal conviction, or a charge that has been dismissed, read more to figure out whether you can “expunge” or “seal” your criminal record.
Through the sealing or expungement process, the State of Vermont allows for specific convictions and dismissed charges to be wiped from your record after a certain amount of time has passed. There are a couple of different sealing and expungement laws, and the requirements are a bit different for each. We explain the requirements below.
Note: Generally, you cannot expunge federal convictions. There is one exception for deferred sentences related to first-time drug offenses.
If you are eligible to expunge or seal your record, you can file a stipulation or petition with the criminal court in the county in which you were charged or convicted. You can petition to seal or expunge all or part of your record. Read “What steps do I take?” below to find out how to file a stipulation or petition.
On May 31, 2022, Governor Scott signed Act 147. It included two important changes to Vermont’s expungement and sealing laws:
- There is no filing fee for petitions filed pursuant to 33 V.S.A. § 5119(g) to seal a DUI conviction committed when under the age of 25.
- You can now seal a conviction for Negligent Operation of a Motor Vehicle in certain circumstances.
On June 7, 2021, Governor Scott signed Act 58. Among other things, it provides for the automatic expungement of certain motor vehicle violations after two years from the date the ticket was paid. The violations are:
- operating an unregistered vehicle
- failing to possess registration
- failing to possess license
- operating after suspension
- operating without a license
- operating without insurance, and
- operating an uninspected vehicle.
What’s the difference between sealing and expungement?
An expungement order will completely destroy all records of any arrest, charge or conviction information held by any criminal records database. Neither the public, nor law enforcement, can access your record of criminal activity that have been expunged. When an expungement order is granted to you, you can lawfully say that you have never been arrested, charged or convicted of the crime expunged.
A sealing order has the same effect for you as an expungement order in most contexts. You can lawfully say that you have never been arrested, charged or convicted of that offense. But, when a record is sealed, it is maintained and still can be used by the courts and law enforcement in later cases. The record also remains available for federal background checks.
What steps do I take?
You can petition to expunge your Vermont criminal record without a lawyer. Here are the steps you will need to take.
Forms to use
Immigrants with criminal justice histories
If you were born outside of the United States, do not have U.S. citizenship, and have had contact with the criminal justice system (including arrests, citations, charges or convictions), contact the Prisoner's Rights Office of the Vermont Office of the Defender General.
If you want to have your criminal record expunged or sealed, your first step is to contact one of the organizations below. If they tell you it is fine to proceed with a petition to expunge or seal your record, follow the steps on this page.
Find help
- If you have questions about the status of a pending expungement/sealing petition that has been filed, call the court where you filed.
- See if the Attorney General’s Office is holding an expungement clinic soon.
- Vermont Legal Aid and The Root Social Justice Center in Brattleboro host a monthly BIPOC Legal Aid Clinic. Services include help with clearing criminal records. The clinic is free, BIPOC-centered, and open to all. It is held in the afternoon on the last Thursday of each month. For more information or an appointment, call Jeannette at Vermont Legal Aid at 802-885-5181.
- You can also contact your local Community Justice Center for help.