Criminal Record Expungement in Vermont

 

If you are arrested and charged with a crime in Vermont, you will forever have a criminal record. This is regardless of whether or not you plead guilty or are found guilty in a court of law – the record is already there and it will stay there.

 

Originally, criminal records were created as a way to help law enforcement track criminals and make sure that they were punishing people accordingly. Unfortunately, for those people who have just made one mistake and want to get their lives back on track, having a criminal record will make it a lot harder.

 

Why? Because people with records are considered to be higher risks than the general population, and every time anyone performs a background check on you – for a job, an apartment, a bank loan, or when you apply for a credit card, among other things – that criminal record will show up like a giant red flag. After they see that, the chances of you getting what you want drop astronomically, and they are very likely to go with someone else or refuse you service outright.

 

All of this is why Vermont decided to allow certain people in specific circumstances to expunge their records. What does that mean? Well, expungement is a process that enables you to essentially “hide” your record so that no one in the public can see it. Your worries over background checks will evaporate, and it will be a lot easier to get the job or apartment that you want. You also can legally state that you have never been arrested for anything.

 

Expungeable records in Vermont

 

Naturally, the state doesn’t allow just anyone to expunge anything. Certain types of documents are even barred from expungement eligibility, and Vermont Laws clearly lay down what kinds of information can and can’t be expunged.

 

Under Law 5537, juvenile offenders who are under 16 years of age or who were arrested but not convicted of a crime may apply to have their fingerprints expunged. And under Vermont Laws 7041 and 5537, all files, arrest records, index records, and court records are eligible for expungement.

 

People eligible for expungement in Vermont

 

As stated above, only certain people in specific circumstances are eligible to have their records expunged in Vermont.

 

First off, if an adult was convicted of the crime, they are not eligible to have it expunged. This applies whether the offense was a more serious felony or a simple misdemeanor. There are two exceptions, however. If a court finding leads to them reconsidering the conviction and the individual is found innocent, the defendant’s legal counsel is allowed to petition the court to have the person’s criminal record reversed. Alternatively, if the misdemeanor or felony is deferred, the case is dismissed in court, and all terms have been completed, then it is possible that the charged individual could be eligible for expungement.

 

Generally speaking, Vermont citizens who receive a court discharge and subsequently satisfy all of the terms outlined in their probation and any deferred sentence agreements qualify to have their records expunged. 33 of Vermont Law 7041, however, excludes sex offenders from eligibility.

 

That same Vermont law also requires an individual to pay any restitution that is still outstanding after they are discharged before any expungement can happen. Still, under those guidelines and the ones outlined in 22 Vermont Law 5529e, the individual does not even need to apply to the court for expungement – it will happen automatically!

 

Vermont handles juvenile a bit differently. So long as the minor meets all requirements, it is possible to expunge both felony and misdemeanor offenses. Convictions received for driving under the influence charges are not eligible to be expunged from a person's record, but it is possible to have juvenile DUI cases sealed as long as they meet all of the requirements. 33 of Vermont Law 5529 says that juvenile offenders who complete rehabilitation and disposition orders will be eligible, too.

 

The expungement process for eligible people

Those for whom the records don’t seal automatically will need to petition the court where their records are being held. Paperwork will need to be filed in the correct places, including notifying everyone involved in the case, such as the judge that presided and the prosecuting attorney. After this has occurred, there will be a hearing, at which time a decision will be made on whether or not to expunge the record. Expungements that are not believed to be in the favor of the court may be denied at the judge’s discretion.