Vermont Expungement Laws: Sealing and Clearing Your Criminal Record (2026)
Vermont Expungement Laws: Sealing and Clearing Your Criminal Record
Vermont law provides two ways to clear a criminal record: expungement, which destroys the record entirely, and sealing, which hides the record from public view. Under 13 V.S.A. § 7601 et seq., most qualifying misdemeanors become eligible for sealing after a three-year waiting period, and certain felonies after seven years. A major overhaul took effect July 1, 2025 under Act 60, adjusting which offenses qualify for each remedy.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Vermont state law only. For a nationwide comparison, see Expungement Laws by State.
Expungement vs. Sealing in Vermont
Vermont law treats expungement and sealing as two distinct remedies, and the difference matters in practical terms.
Expungement results in the annulment of the arrest, conviction, and sentence. Under 13 V.S.A. § 7606, the court removes the offense from all accessible databases and, once all charges on a case are expunged, the physical case file is destroyed. After expungement, a person may lawfully answer "NO CRIMINAL RECORD EXISTS" when asked about that offense. The Vermont Crime Information Center (VCIC) notifies the FBI's National Crime Information Center of the expungement, though records may still appear in some federal background checks.
Sealing under 13 V.S.A. § 7607 removes the record from public view and bars database access, but the physical file is placed in a confidential file rather than destroyed. Sealed records remain accessible to criminal justice agencies for investigative purposes, prosecutors meeting discovery obligations, law enforcement hiring investigators, and the Department for Children and Families or Adult Protective Services in joint investigations. The subject of a sealed record is treated as if the offense never occurred for most employment and licensing purposes.
The practical gap: an expunged record no longer exists in Vermont's system, while a sealed record exists but is locked away. If you are applying for a position that requires FBI-level clearance, even an expunged Vermont record may surface because federal databases operate independently of state court orders.
Who Qualifies for Expungement in Vermont
As of July 1, 2025, expungement under 13 V.S.A. § 7602(b) is limited to convictions for offenses where the underlying conduct is no longer prohibited by Vermont law. The clearest example is cannabis possession. When Vermont decriminalized and then legalized cannabis, convictions for personal possession quantities that are now legal became eligible for expungement through a petition to the Criminal Division of the Superior Court.
To qualify, a petitioner must have completed all terms and conditions of the sentence and paid any restitution and surcharges ordered by the court. A court may waive the surcharge requirement. There is no waiting period for expungement based on decriminalization; eligibility arises as soon as the conduct stops being a crime and the sentence is complete.
Act 60 (2025) narrowed the expungement category compared to prior law. Offenses that once qualified for expungement under the broader pre-2025 framework now fall into the sealing category. Petitioners with older convictions should verify current eligibility under the statute as amended effective July 1, 2025.
Sealing Qualifying Convictions: Waiting Periods and Eligibility
For convictions that do not qualify for expungement, Vermont offers sealing under 13 V.S.A. § 7602. The statute sorts eligible offenses into three tracks, each with its own waiting period measured from the date the person completed all terms and conditions of the sentence, including probation and parole.
Qualifying misdemeanors may be sealed after three years. A "qualifying crime" under 13 V.S.A. § 7601(4) covers most misdemeanors but excludes listed crimes, sexual exploitation of children, violations of abuse prevention orders, sex offender registry violations, voyeurism, animal cruelty, hate crimes, and child cruelty offenses.
Qualifying felonies require seven years. The statute limits eligible felonies to four categories: burglary (with restrictions excluding occupied-dwelling burglary for offenders over 25 or armed offenders), designated property felonies such as identity theft, forgery, and grand larceny, drug-related felonies involving possession or distribution of regulated substances, and offenses for which the Governor has granted an unconditional pardon under 13 V.S.A. § 7601(4)(B).
DUI misdemeanors under 23 V.S.A. § 1201(a) carry the longest wait: ten years from sentence completion. Additionally, the petitioner must not hold a commercial driver's license at the time of the petition, and commercial driving records related to the offense survive the sealing order.
In all tracks, restitution and surcharges must be paid in full (unless waived), and the prosecutor must fail to demonstrate that sealing contradicts the interests of justice. Courts may grant petitions without a hearing if the petitioner and prosecutor file a stipulation agreeing to the relief.
Automatic Sealing for Dismissals and Acquittals
Vermont provides automatic sealing for criminal records that never resulted in a conviction. Under 13 V.S.A. § 7603, the court must issue a sealing order within 60 days of final disposition in three situations:
- No probable cause was found at arraignment.
- The charge was dismissed before trial, whether with or without prejudice.
- The defendant was acquitted at trial.
The sealing happens without any petition or filing fee. Either party may object before the 60-day window closes, in which case the court schedules a hearing to determine whether sealing serves the interests of justice. Even without the automatic process, either party may petition for sealing of a non-conviction record at any later time; the court grants the petition if sealing serves the interests of justice or if both parties agree.
This provision means that most Vermonters who were arrested and never convicted do not need to take affirmative steps to clear the arrest from public court records.
Youth Offenses Committed Between Ages 18 and 21
Vermont created a separate, more accessible track for offenses committed while the defendant was between 18 and 21 years old. Under 13 V.S.A. § 7609, a person may petition to seal a qualifying offense just 30 days after completing the terms and conditions of the sentence, provided restitution and surcharges are paid or waived.
The substantive eligibility requirements mirror the standard tracks: the offense must be a qualifying crime under § 7601, and the record cannot mix qualifying and non-qualifying offenses on the same case. If a case includes both eligible and ineligible charges, the entire case remains ineligible under this provision.
The 30-day waiting period is substantially shorter than the three-year period for adult qualifying misdemeanors, reflecting Vermont's recognition that early adult convictions carry outsized collateral consequences for education, employment, and housing.
How to File a Petition and What Happens After
A petition to expunge or seal a Vermont criminal record is filed in the Criminal Division of the Superior Court that handled the original case. Vermont judiciary forms are available at vtcourts.gov. There is no filing fee for expungement or sealing petitions, with one exception: sealing a DUI conviction under 23 V.S.A. § 1201(a) committed at age 25 or older carries a filing fee. A fee waiver form is available for those who cannot afford it.
The court notifies the prosecutor, who may stipulate to the relief or object. If the prosecutor stipulates, the court may grant the petition without a hearing. If the prosecutor objects, the court schedules a hearing. A denied petition cannot be refiled for at least two years unless the court authorizes a shorter interval under 13 V.S.A. § 7605.
Upon granting an order, the court sends copies to the petitioner, VCIC, the arresting agency, the Restitution Unit of the Vermont Center for Crime Victim Services, and any other entity with a record of the offense. VCIC then notifies the FBI's National Crime Information Center. For expungement, records are removed from accessible databases and physical files are destroyed once all charges on the case are expunged. Courts maintain a confidential special index with only the person's name, date of birth, docket number, and offense, accessible only to the subject and authorized persons.
Disclaimer: This article summarizes Vermont expungement and sealing law as of May 29, 2026, based on 13 V.S.A. Chapter 230 and Act 60 of 2025. Laws change; do not rely on this article as legal advice. Consult a licensed Vermont attorney for guidance on your specific situation.
More Vermont Laws
- Vermont Recording Laws
- Vermont Recording Laws
- Vermont Recording Laws
- Vermont Recording Laws
- Vermont Recording Laws
- Vermont Recording Laws
- Vermont Statute of Limitations
- Vermont Data Privacy Laws
Sources
The following official Vermont government sources were used to verify the information in this article.
Related Articles
RecordingLaw.com provides general legal information, not legal advice. For advice specific to your situation, consult a licensed Vermont attorney.