§ 7602.
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§ 7602. Expungement and sealing of record, postconviction; procedure
(a)Petition.
(1)A person may file a petition with the court requesting expungement of a criminal history record related to a conviction if the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.
(2)A person may file a petition with the court requesting sealing of a criminal history record related to a conviction if the person was convicted of a qualifying crime or qualifying crimes arising out of the same incident or occurrence.
(3)Whichever office prosecuted the offense resulting in the conviction, the State’s Attorney or Attorney General, shall be the respondent in the matter unless the prosecuting office authorizes the other to act as the respondent.
(4)The court shall grant the petition without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall issue the petitioner an order of sealing and provide notice of the order to all Vermont State entities provided by the petitioner and all entities required to receive notice pursuant to subsection 7607(a) of this title.
(5)This section shall not apply to an individual who is the holder of a commercial driver’s license or commercial driver’s permit pursuant to 23 V.S.A. chapter 39 seeking to seal a record of a conviction for a misdemeanor or felony offense committed in a motor vehicle as defined in 23 V.S.A. § 4.
(b)Offenses that are no longer prohibited by law. For petitions filed pursuant to subdivision (a)(1) of this section, the court shall grant the petition and order that the criminal history record be expunged if the following conditions are met:
(1)The petitioner has completed any sentence or supervision for the offense.
(2)Any restitution and surcharges ordered by the court have been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.
(c)Qualifying misdemeanors. For petitions filed to seal a qualifying misdemeanor pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:
(1)At least three years have elapsed since the date on which the person completed the terms and conditions of the sentence.
(2)Any restitution and surcharges ordered by the court for any crime of which the person has been convicted has been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.
(3)The respondent has failed to show that sealing would be contrary to the interests of justice.
(d)Qualifying felony offenses. For petitions filed to seal a qualifying felony pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:
(1)At least seven years have elapsed since the date on which the person completed the terms and conditions of the sentence.
(2)Any restitution and surcharges ordered by the court for any crime of which the person has been convicted has been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.
(3)The respondent has failed to show that sealing would be contrary to the interests of justice.
(e)Qualifying DUI misdemeanor. For petitions filed to seal a qualifying DUI misdemeanor pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:
(1)At least 10 years have elapsed since the date on which the person completed the terms and conditions of the sentence.
(2)Any restitution and surcharges ordered by the court for any crime of which the person has been convicted has been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.
(3)The person is not the holder of a commercial driver’s license or commercial driver’s permit pursuant to 23 V.S.A. chapter 39.
(4)The respondent has failed to show that sealing would be contrary to the interests of justice.
(f)Fish and wildlife offenses. Sealing a criminal history record related to a fish and wildlife offense shall not void any fish and wildlife license suspension or revocation imposed pursuant to the accumulation of points related to the sealed offense. Points accumulated by a person shall remain on the person’s license and, if applicable, completion of the remedial course shall be required as set forth in 10 V.S.A. § 4502. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2015, No. 36, § 2, eff. May 26, 2015; 2017, No. 57, § 4; 2017, No. 178 (Adj. Sess.), § 1; 2019, No. 32, § 3, eff. Oct. 1, 2019; 2019, No. 167 (Adj. Sess.), § 13, eff. Oct. 7, 2020; 2021, No. 147 (Adj. Sess.), § 7a, eff. May 31, 2022; 2025, No. 60, § 1, eff. July 1, 2025.)