Expunging and Sealing Criminal Records

• Your local Community Justice Center may be able to help with the expungement process. Contact them for information. 

• Consider talking to an attorney. The Finding Legal Help web page has information about the ways to get the help of an attorney.

• All convictions from offenses committed before you turned 25 can be sealed if certain requirements are met. You must file a petition to seal the record.
• Dismissed charges can be expunged or sealed.
  • If the charge was dismissed before July 1, 2018, you must file a petition to expunge the record.
  • If the charge was dismissed July 1, 2018 or later, the charge should be sealed automatically. You may want to contact the court to confirm the sealing. If you want the charge expunged, you must file a petition.
• A conviction for an offense which is no longer a crime can be expunged if certain requirements are met. You must file a petition to expunge the record. 
• A conviction for a drug possession offense for an amount which is no longer a crime can be expunged if certain requirements are met. You must file a petition to expunge the record. 
• A misdemeanor conviction for marijuana possession will be expunged automatically. You may want to contact the court to confirm the expungement.
• 14 felony offenses can be expunged if certain requirements are met.
• Most misdemeanor offenses can be expunged if certain requirements are met, except:
  • Violent or sex offense misdemeanors, misdemeanor violation of a protection order, misdemeanor prostitution, and most misdemeanor driving offenses can't be expunged.

Requirements vary, but can include:

• the passage of a certain amount of time
• not being charged with certain other offenses
• completing all conditions of probation
• paying any public defender fees
• paying all restitution, fines, fees, and surcharges

The vtlawhelp.org Seal or Expunge Your Vermont Criminal Record web page provides detailed information about what can and can't be expunged or sealed.

Multiple offenses, or offenses in more than one county

If you are asking to expunge or seal multiple offenses and they are related to the same incident, you can file a single petition. If the offenses aren't related to the same incident, or if you have offenses in more than one county, you must file a separate petition for each offense.

Get help

The process to ask to expunge or seal a criminal record can be complicated. See the Expungement Help section of this web page for information about ways to get help with the expungement or sealing process.

1. Get your criminal case records

If you don't already have detailed information about your charges or convictions, request a copy of your criminal records. Information you need includes the case number (sometimes called the docket number), the year of the offense, a description of the offense, the date of conviction, and other information.

You can request copies from the Vermont Judiciary, or from the Vermont Crime Information Center.

Vermont Judiciary

Request records by email, mail, or in person

Fill out the Criminal Record Check Request form (200-00331) and email, mail, or hand deliver the form to the court in the county in which you had a case or charge. You must submit a separate request for each county in which you had a case or charge. There is a fee for the request. See the Criminal Records Check web page for the form and more information about the request process.

Search for records yourself the courthouse

You can search for court records by name or case number using a Public Access Terminal at a courthouse. Coverage generally dates back to the early 1990s. There is no charge to view the records. There is a charge to print.

Vermont Crime Information Center

You can request a criminal record check online using the Vermont Criminal Conviction Record Internet Service, or make a request by mail, email or in person. There is a fee for the report, which includes all Vermont counties. See the Records Check web page for more information.

2.  Review your records and determine which are eligible to expunge or seal

Determining which records are eligible to be expunged or sealed can be complicated.

The vtlawhelp.org website provides a detailed explanation of how to review your criminal records to figure out what records you can ask to have expunged or sealed. The web page provides information about determining whether the offense is eligible, whether enough time has passed, and whether you have paid restitution, fines, fees, and surcharges. Find information under the heading Step 3: Find out which convictions can be expunged or sealed?

3.  Contact the Prosecutor's Office

Once you have determined which records are eligible, contact the office of the prosecutor (State's Attorney or Attorney General) and ask them if they will agree – stipulate – to your request.

If the prosecutor will stipulate:

• Fill out the Stipulation to Expunge or Seal Criminal History Record form (200-00132). This form is signed by you and the prosecutor and tells the court you both agree to the request.
• Send or take the form to the prosecutor.
• Ask them if they will file the signed stipulation with the court, or if they will sign it and return it to you for you to file with the court.
  • If the prosecutor wants you to file, file completed the Petition to Expunge or Seal Criminal History form (200-00130) and the signed stipulation.
    • There is no filing fee to ask to seal or expunge a record unless you're asking to seal a conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older.
    • If you are asking to seal conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older, there is a filing fee. To ask to waive the fee, fill out and file the Application to Waive Filing Fees and Service Costs form (600-00229).
• The judge will review the petition without a hearing.  

If the prosecutor won't stipulate:

• Fill out the Petition to Expunge or Seal Criminal History form (200-00130).
• File the petition with the court.
  • There is no filing fee to ask to seal or expunge a record unless you're asking to seal a conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older.
  • If you are asking to seal conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older, there is a filing fee. To ask to waive the fee, fill out and file the Application to Waive Filing Fees and Service Costs form (600-00229).
• The court will notify the prosecutor about your petition.
• The prosecutor will notify the victim (if there was one) about your petition. The victim has the right to provide a statement in response to your request.
• If the prosecutor agrees to your request, the judge may make a decision without a hearing.
• If the prosecutor opposes your request, the court will schedule a hearing.
• Attend the hearing. The hearing may be held in person or remotely.

4.  The judge will make a decision

If your petition is granted

• The court will send you the order sealing or expunging the criminal record.
• The court will notify the Vermont Crime Information Center (VCIC), the arresting agency, the Restitution Unit of the Vermont Center for Crime Victim Services, and any other entity that may have a record.

If your petition is denied

You must wait at least two years before you can file another petition unless the court allows you to file sooner.

If your criminal records are expunged or sealed:

• You must be treated as though you were never arrested, charged convicted or sentenced for the offense.
• You can't be required to answer questions about the expunged or sealed records in employment or license applications.
• You can't be required to answer questions about the offense or incident if called as a witness.
• If the court or law enforcement agency receives a question about a record which has been expunged or sealed, they must respond: “No criminal record exists.”
• You will receive a certificate from the court stating that all records of arrest, conviction and sentence have been annulled.