Vermont Statutes Title 13 Sec. 7603
Terms Used In Vermont Statutes Title 13 Sec. 7603
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Court: means the Criminal Division of the Superior Court. See
- Criminal history record: means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 7603. Expungement and sealing of record, no conviction; procedure
(a) Unless either party objects in the interests of justice, the court shall issue an order sealing the criminal history record related to the citation or arrest of a person:
(1) within 60 days after the final disposition of the case if:
(A) the court does not make a determination of probable cause at the time of arraignment; or
(B) the charge is dismissed before trial without prejudice; or
(2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to seal the record.
(b) If a party objects to sealing or expunging a record pursuant to this section, the court shall schedule a hearing to determine if sealing or expunging the record serves the interests of justice. The defendant and the prosecuting attorney shall be the only parties in the matter.
(c), (d) [Repealed.]
(e) Unless either party objects in the interests of justice, the court shall issue an order expunging a criminal history record related to the citation or arrest of a person:
(1) within 60 days after the final disposition of the case if:
(A) the defendant is acquitted of the charges; or
(B) the charge is dismissed with prejudice;
(2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to expunge the record.
(f) Unless either party objects in the interests of justice, the court shall issue an order to expunge a record sealed pursuant to subsection (a) or (g) of this section eight years after the date on which the record was sealed.
(g) A person may file a petition with the court requesting sealing or expungement of a criminal history record related to the citation or arrest of the person at any time. The court shall grant the petition and issue an order sealing or expunging the record if it finds that sealing or expunging the record serves the interests of justice, or if the parties stipulate to sealing or expungement of the record.
(h) The court may expunge any records that were sealed pursuant to this section prior to July 1, 2018 unless the State‘s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subsection, the court shall provide to the State’s Attorney’s office that prosecuted the case written notice of its intent to expunge the record. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2017, No. 178 (Adj. Sess.), § 2; 2019, No. 32, § 4.)