Expungement Attorneys in Vermont
Expungement in Vermont
Vermont offers both record sealing and expungement options. With record sealing access to your criminal record is limited to certain law enforcement agencies or by court order. With expungement your criminal record is physically destroyed and you are treated as if the crime never happened. In both cases, you can legally deny your arrest or conviction history in most instances and your background will no longer be available in routine background checks.
As with other states, Vermont has certain eligibility requirements that must be met:
- You have not been convicted of any new crimes. If you were convicted of another crime it increases the waiting period from ten (10) to twenty (20) years.
- The crime you were convicted of is considered a qualifying crime.
- Ten (10) years have passed since your sentence was completed, including probation.
- All restitution is paid, if applicable.
- You do not have any felony convictions since the conviction you want expunged.
- You have not been convicted of a misdemeanor in the past fifteen (15) years.
You may also apply for expungement if you were arrested, but not charged, if your crime was a qualifying crime and the statute of limitations has expired; or if charges were filed but were dismissed; or charges were dismissed prior to trial with prejudice; or the charges were dismissed prior to trial without prejudice and the statue of limitations has expired.
Most misdemeanors qualify for expungement, with the exception of:
- domestic assault;
- abuse or neglect of a vulnerable adult;
- reckless endangerment;
- unlawful restraint or confinement of a vulnerable adult;
- driving while intoxicated;
- violation of a protective order, or a protective order involving contact with a child.
In addition, only two types of felony charges can be expunged in Vermont: (1) grand larceny; and (2) unlawful mischief where the damages were over $1000.