Clearing a DUI From Your Record in Vermont
Whether a DUI or DWI conviction can be expunged or sealed in Vermont, and what to do instead if it can't.
Short answer: Yes, for a "qualifying DUI misdemeanor." The court must grant a petition to seal once ten years have passed since the sentence was completed, if restitution and surcharges are paid and the person does not hold a commercial driver's license or permit, unless the prosecutor shows sealing… 13 V.S.A. §§ 7602(e), 7607(c)(4); Vermont Judiciary form 200-00130A
| DUI / DWI convictions | Yes, for a "qualifying DUI misdemeanor." The court must grant a petition to seal once ten years have passed since the sentence was completed, if restitution and surcharges are paid and the person does not hold a commercial driver's license or permit, unless the prosecutor shows sealing would be contrary to the interests of justice. A sealed DUI can still be used to enhance the penalty for a later DUI. Petitions to seal a DUI under 23 V.S.A. § 1201(a) cost $90, and a fee waiver is available. |
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| How to apply | Get a petition to seal or expunge from the courthouse or the Vermont Judiciary website and file it with the Criminal Division of the Superior Court. The office that prosecuted the case (the State's Attorney or Attorney General) is the respondent. If the respondent agrees, the court grants the petition without a hearing. The court cannot act while a new criminal charge is pending. If a petition is denied, the person must generally wait two years before filing again unless the court allows a shorter period. Pay any restitution and surcharges before filing. |
Where to get help in Vermont
More Vermont expungement & criminal records
- Getting a Copy of Your Vermont Criminal Record
- Expunging or Sealing a Felony in Vermont
- How to File for Expungement in Vermont
- All Vermont expungement & criminal records rules
FAQ
Can a DUI be expunged in Vermont?
Yes, for a "qualifying DUI misdemeanor." The court must grant a petition to seal once ten years have passed since the sentence was completed, if restitution and surcharges are paid and the person does not hold a commercial driver's license or permit, unless the prosecutor shows sealing would be contrary to the interests of justice. A sealed DUI can still be used to enhance the penalty for a later DUI. Petitions to seal a DUI under 23 V.S.A. § 1201(a) cost $90, and a fee waiver is available.
How do you file for expungement in Vermont?
Get a petition to seal or expunge from the courthouse or the Vermont Judiciary website and file it with the Criminal Division of the Superior Court. The office that prosecuted the case (the State's Attorney or Attorney General) is the respondent. If the respondent agrees, the court grants the petition without a hearing. The court cannot act while a new criminal charge is pending. If a petition is denied, the person must generally wait two years before filing again unless the court allows a shorter period. Pay any restitution and surcharges before filing.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.