Vermont Statutes Title 13 Sec. 8010
Terms Used In Vermont Statutes Title 13 Sec. 8010
- Court: means the Criminal Division of the Superior Court. See
- Decision-maker: means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mandatory sanction: means a penalty, disability, or disadvantage imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. See
- Offense: means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States. See
§ 8010. Order of limited relief
(a) An individual convicted of an offense may petition for an order of limited relief from one or more mandatory sanctions related to employment, education, housing, public benefits, or occupational licensing. The individual seeking an order of relief shall provide the prosecutor’s office with notice of his or her petition. After notice, the petition may be presented to the sentencing court at or before sentencing or to the Superior Court at any time after sentencing. If the petition is filed prior to sentencing, it shall be treated as a motion in the criminal case. If the petition is filed after sentencing, it shall be treated as a post-judgment motion.
(b) Except as otherwise provided in section 8012 of this title, the court may issue an order of limited relief relieving one or more of the mandatory sanctions described in this chapter if, after reviewing the petition, the individual’s criminal history record, any filing by a victim under section 8014 of this title, and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that:
(1) granting the petition will materially assist the individual in obtaining or maintaining employment, education, housing, public benefits, or occupational licensing;
(2) the individual has substantial need for the relief requested in order to live a law-abiding life; and
(3) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.
(c) The order of limited relief shall specify:
(1) the mandatory sanction from which relief is granted; and
(2) any restriction imposed pursuant to subsections 8013(a) and (b) of this title.
(d) An order of limited relief relieves a mandatory sanction to the extent provided in the order.
(e) If a mandatory sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in subsection 8008 of this title. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)