Vermont Expungement Laws
π 2026 Update: Changes to Vermont Expungement Laws
Since the original article was published, Vermont has made significant updates to its expungement laws. These changes focus on the automatic expungement of records and new options for sealing criminal records, particularly for young adults. The information below highlights these changes, while the earlier article provides further details on expungement laws and processes.
π§ Automatic Expungement of Registry Records
Starting April 1, 2026, individuals who have registry entries for behavior that occurred before the age of 10 will see these records automatically expunged when they turn 18. This is provided that there are no new substantiated entries against them. This change aims to support young people in moving forward without the burden of early childhood behavior on their records.
π Sealing Records for Young Adults
As of July 1, 2025, individuals aged 18 to 21 who commit qualifying crimes can petition to seal their criminal history records. They must wait 30 days after completing their sentence to file the petition. This provides a chance for young adults to limit the visibility of their past mistakes and pave the way for a fresh start.
π Court Processing and Notification
The court will not process expungement or sealing petitions if the petitioner has a pending criminal charge. When a petition is filed, the respondent must notify any known victims of the offense, allowing them the opportunity to provide statements to the court. This ensures that all parties are involved in the legal process.
π΅ Costs and Assistance
While the specific fees for expungement and sealing petitions are not clearly defined, individuals should check with the Vermont Judiciary for the latest information. Those seeking help with their petitions can contact Vermont Legal Aid or the American Civil Liberties Union of Vermont for guidance and potential representation.
π Key Points Summary
- π§ Automatic expungement for records related to behavior before age 10 starts in 2026.
- π Young adults aged 18-21 can petition to seal records after 30 days post-sentence.
- π Court will not act if there are pending charges; victim notification is required.
- π΅ Specific costs for expungement and sealing are not detailed; check with the court.
- π Legal assistance is available through Vermont Legal Aid and ACLU-VT.
π‘ Tips for Navigating Vermont's Expungement Process
Review your situation with an attorney to understand your options.
π Understand Your Eligibility
Before applying, confirm if you qualify for expungement or sealing based on the type of offense and the time elapsed since completing your sentence. Certain offenses may not be eligible for expungement.
β³ Know the Waiting Periods
For sealing records, the waiting periods vary: three years for misdemeanors, seven years for felonies, and ten years for DUI misdemeanors. Ensure you meet these timelines before submitting your petition.
π Complete Necessary Forms
To begin the process, file a petition with the Criminal Division of the Superior Court. Make sure to include all required details to avoid delays in processing your request.
π¬ Notify Victims
If you are filing a petition, be prepared to notify any known victims of the offense. They have a right to respond and provide statements regarding the sealing or expungement.
π Seek Free Legal Help
Consider reaching out to Vermont Legal Aid or the ACLU-VT for assistance. They can provide valuable resources and guidance through the expungement or sealing process.
β Frequently Asked Questions
π€ What qualifies for expungement in Vermont?
To qualify for expungement, individuals must have been convicted of offenses that are no longer considered criminal or prohibited by law.
β° How long do I have to wait before sealing my records?
You must wait at least three years for misdemeanors, seven years for felonies, and ten years for DUI misdemeanors after completing your sentence before you can petition to seal your records.
π Can I apply for expungement if I have pending charges?
No, the court will not act on your petition for expungement or sealing if you have any pending criminal charges until those charges are resolved.
π What happens after my records are expunged?
Once your records are expunged, you are treated as if you were never arrested or convicted for that offense.
π₯ Are victims notified when I file a petition?
Yes, when you file a petition, you must notify any known victims of the offense. They have the right to provide statements to the court.
π Where can I find free legal help for expungement?
You can contact Vermont Legal Aid or the ACLU-VT for free assistance with expungement and sealing petitions. They offer guidance and can help you navigate the process.
βοΈ Recent Cases Related to Expungement Laws
Recent court rulings have impacted how expungement laws are applied in Vermont. These rulings may influence eligibility and procedures for individuals seeking to clear their records.
- Florida court affirms ruling in McSpadden v. State caseDistrict Court of Appeal of Florida Β· November 20, 2020
- Florida Court Affirms Ruling in Knight v. State CaseDistrict Court of Appeal of Florida Β· November 20, 2020
- Florida court affirms ruling in Everett James Brooks caseDistrict Court of Appeal of Florida Β· November 20, 2020
- Florida Court Affirms Conviction in Rosario CaseDistrict Court of Appeal of Florida Β· November 18, 2020
To explore more recent rulings, visit the news section for more rulings on the news page.
End of October 2026 Update
Records that are expunged in Vermont are removed from public record. They are not destroyed, but any public person that does a criminal records search will not come across a record that has been expunged. The purpose of an expungement in Vermont is to prevent a criminal record search from showing someone that a person has committed a crime after if it has been expunged. Public records that have been expunged are considered sealed and access to the public is blocked. The file is not destroyed because it may be revisited in a later criminal trial or criminal investigation.
Vermont Expungement Eligibility
People who have committed a sex crime are not eligible for a public record expungement. Sex offender names will always be available in a Vermont criminal records search. Those who have completed their required sentence and any additional requirements, such as probation and have been discharged by the court are eligible for expungement.
A juvenile who has successfully completed their sentence is almost ready for their public record to be expunged. The judge hearing the case must believe the juvenile has been rehabilitated and has earned the privilege of a public record expungement and having their name removed from all criminal records searches regarding that crime committed while a juvenile.
What Records may be Expunged?
Juveniles that were not convicted of a crime may have records containing their fingerprints removed from public record. All records, files and index references shall be removed during the expungement. The removal of index references will prevent a juvenile's name from appearing during a criminal record search.
How are Records Expunged?
Those who have had all charges against them dropped and have fully paid any necessary restitution may have their record expunged. This is enforced by Vermont law, and unlike many other states, no petition is required to have a public record expunged.