Expunging or Sealing a Felony in Vermont

Only listed felonies qualify for sealing. These are: burglary (but not burglary of an occupied dwelling, unless the person was 25 or younger and unarmed); designated property felonies such as forgery, grand larceny, embezzlement, retail theft, identity theft, unlawful mischief and computer crimes; regulated-drug offenses; and any offense for which the Governor granted an unconditional pardon. The court must grant the petition seven years after the sentence was completed, if restitution and surcharges are paid, unless the prosecutor shows sealing would be contrary to the interests of justice.

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.

After sealing or expungement, the person is treated in all respects as if they had never been arrested, convicted or sentenced for the offense. On job, license and similar applications, and as a witness, a person may be asked only about arrests and convictions that have not been sealed or expunged. Government agencies that ask must tell people of this right. Inquiries about an expunged record get the answer "NO CRIMINAL RECORD EXISTS." Sealed records can still be used in limited ways: by criminal justice agencies for criminal justice purposes, to enhance a later DUI penalty, for discovery, for law-enforcement hiring, and by the FBI's NICS system for firearm background checks. Unauthorized disclosure is a civil violation with a penalty of up to $1,000. Expunged case files are destroyed. Sealed files are kept but closed to the public.