Vermont: Adult Conviction Expungement and Record-Sealing Eligibility
The short answer
Vermont overhauled its record-relief law effective July 1, 2025 (Act 60): the general remedy for an adult conviction is now court-ordered sealing of a 'qualifying crime,' while expungement is reserved for convictions whose underlying conduct is no longer a crime. Relief is petition-based—there is no automatic route—and the sealing clock runs three years after sentence completion for a qualifying misdemeanor, seven years for a qualifying felony, and ten years for a qualifying DUI, with all restitution and surcharges paid and the State unable to show sealing is contrary to the interests of justice. Listed violent, sexual, registration, abuse, and stalking offenses cannot be sealed; once sealed, public inquiries are answered 'NO CRIMINAL RECORD EXISTS,' but criminal-justice agencies, firearms background checks, courts, and the person keep access.
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This is the general rule in Vermont. Ezel applies current Vermont law to your specific facts and answers with citations to the statutes.
| Relief name and legal effect | Two remedies under chapter 230 (rewritten by 2025 Act 60, eff. July 1, 2025): sealing of a 'qualifying crime' conviction—the general remedy—and expungement, limited to a conviction whose underlying conduct is no longer a crime. Sealing treats the person 'as if never arrested, convicted, or sentenced' and answers public inquiries 'NO CRIMINAL RECORD EXISTS,' but the record survives for criminal-justice use; expungement annuls the record and the case file is destroyed once all charges are expunged (§§ 7602, 7606, 7607). |
|---|---|
| Automatic or clean-slate relief | None. Vermont's 2025 reform consolidated record relief into a single petition-based process; § 7602(a) requires the person to file a petition in the Criminal Division of the Superior Court. Chapter 230 has no automatic or clean-slate conviction-sealing section. |
| Convictions eligible by petition | Sealing covers a 'qualifying crime'—all misdemeanors except an enumerated exclusion list, plus specific felonies: burglary (§ 1201, but not burglary of an occupied dwelling unless the person was 25 or younger and unarmed), designated felony property offenses (forgery, larceny, embezzlement, identity theft, retail theft, and others in § 7601(5)), listed regulated-drug felonies (18 V.S.A. §§ 4230–4235a), and any offense unconditionally pardoned by the Governor. Expungement applies only where the underlying conduct is no longer prohibited by law (§§ 7601(4), 7602(a)). |
| Excluded offenses and statuses | A 'qualifying crime' excludes listed violent crimes (§ 5301(7)), child sexual exploitation (ch. 64), abuse-prevention or stalking-order violations (§ 1030), vulnerable-adult abuse (ch. 28), voyeurism (§ 2605(b)–(c)), hate-motivated crimes (§ 1455), child cruelty and mistreatment (§§ 1304(a), 1305, 1306), female genital mutilation (§ 3151), sexual exploitation of a minor (§ 3258(b)), extreme-risk-protection-order violations (§ 4058(b)(1)), and any sex-offender-registration offense (ch. 167, subch. 3). Felonies outside the qualifying-felony list cannot be sealed, and a commercial-driver's-license holder cannot seal an in-vehicle offense (§§ 7601(4), 7602(a)(5)). |
| Waiting period and when it starts | Each period runs from the date the person completed the terms and conditions of the sentence: three years for a qualifying misdemeanor (§ 7602(c)(1)), seven years for a qualifying felony (§ 7602(d)(1)), and ten years for a qualifying DUI misdemeanor (§ 7602(e)(1)). Expungement of a decriminalized offense has no year-count—only completion of any sentence or supervision (§ 7602(b)(1)). |
| Sentence, restitution, and new-record conditions | Every route requires the sentence or supervision complete and all restitution and surcharges for any crime of conviction paid in full (surcharges excused only if the court waived them under § 7282). For sealing, the court must grant relief unless the respondent shows sealing 'would be contrary to the interests of justice,' so the State carries that burden (§ 7602(b)–(e)). A new charge filed before decision is governed by § 7604. |
| Petition process and decision standard | The person petitions the Criminal Division of the Superior Court; the prosecuting State's Attorney or Attorney General is the respondent. If both stipulate, the court grants without a hearing. For sealing, relief is mandatory once the waiting period and restitution conditions are met and the respondent fails to show it is contrary to the interests of justice; expungement of decriminalized conduct has no interests-of-justice test. Victims receive notice and input (§§ 7602, 7608). |
| Who can still see or use the record | After sealing, public and most employment or licensing inquiries are answered 'NO CRIMINAL RECORD EXISTS' and the person may deny the record, but criminal-justice agencies and the Attorney General keep access for criminal-justice purposes, the Vermont Crime Information Center and FBI retain access for firearms (NICS) checks without limitation, courts and the person retain access, a sealed DUI stays usable as a sentencing predicate, and unauthorized disclosure is a civil violation up to $1,000. Expungement goes further—the record is annulled and the case file destroyed once all charges are expunged (§§ 7606, 7607). |
| Boundaries and alternative relief | Non-conviction records (arrests, dismissals, acquittals) are sealed through the separate § 7603 process, and there is a distinct young-adult (18–21) sealing route in § 7609. Expungement here reaches only convictions for conduct that is no longer criminal; ordinary convictions are sealed, not expunged. Federal and out-of-state convictions, and juvenile records, follow different law. |
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Requirements one by one
Relief name and legal effect
Vermont rewrote chapter 230 through 2025 Act 60 (S.12), effective July 1, 2025,
and the change matters for how the remedy is named. The everyday remedy for an
adult conviction is now sealing, not expungement. Under § 7602(a)(2) a
person may petition to seal a conviction for a "qualifying crime," and § 7607(b)
says a sealed person "shall be treated in all respects as if the person had never
been arrested, convicted, or sentenced," with public inquiries answered "NO
CRIMINAL RECORD EXISTS." Sealing does not destroy the file; § 7607(c) keeps it
reachable for criminal-justice and firearms-check purposes.
Expungement is the narrower remedy. Section 7602(a)(1) allows it only when
the person "was convicted of an offense for which the underlying conduct is no
longer prohibited by law or designated as a criminal offense"—a conviction the
Legislature has since decriminalized. Expungement annuls the record, and once
all charges on a docket are expunged the case file is destroyed (§ 7606).
Convictions eligible by petition
Sealing eligibility turns on the § 7601(4) definition of "qualifying crime":
all misdemeanors except a specific exclusion list, plus a defined set of
felonies—burglary under § 1201 (but not burglary of an occupied dwelling,
unless the person was 25 or younger and carried no dangerous weapon), the
"designated felony property offenses" in § 7601(5) (forgery, grand larceny,
embezzlement, identity theft, retail theft, and more), listed regulated-drug
felonies (18 V.S.A. §§ 4230–4235a), and any offense for which the Governor has
granted an unconditional pardon. Expungement, by contrast, is available only for
a decriminalized offense.
Excluded offenses and statuses
The misdemeanor exclusions in § 7601(4)(A) keep the most serious conduct out of
sealing: listed (violent) crimes under § 5301(7), child sexual exploitation,
abuse-prevention and stalking-order violations, vulnerable-adult abuse,
voyeurism, hate-motivated crimes, child cruelty and mistreatment of impaired
persons, female genital mutilation, sexual exploitation of a minor,
extreme-risk-protection-order violations, and any sex-offender-registration
offense. Any felony not on the qualifying-felony list is also ineligible.
Separately, § 7602(a)(5) bars a commercial-driver's-license holder from sealing
a conviction for an offense committed in a motor vehicle.
Waiting period and when it starts
Every clock runs from the date the person completed the terms and conditions of
the sentence:
- Three years for a qualifying misdemeanor (§ 7602(c)(1)).
- Seven years for a qualifying felony (§ 7602(d)(1)).
- Ten years for a qualifying DUI misdemeanor (§ 7602(e)(1)).
Expungement of a decriminalized offense has no waiting count at all—only
completion of any sentence or supervision (§ 7602(b)(1)).
Sentence, restitution, and new-record conditions
Beyond the waiting period, every route requires that any restitution and
surcharges ordered for any crime of conviction be paid in full; surcharges are
excused only where the court waived them under § 7282. The sealing standard then
shifts the burden to the State: the court "shall grant the petition" unless "the
respondent has failed to show that sealing would be contrary to the interests of
justice"—meaning relief is mandatory unless the prosecutor affirmatively proves
it should be denied (§ 7602(c)–(e)). A charge filed after a petition but before a
decision is handled under § 7604.
Petition process and decision standard
The petition goes to the Criminal Division of the Superior Court, and the
prosecuting State's Attorney or Attorney General is the respondent
(§ 7602(a)(3)). If the petitioner and respondent stipulate, the court grants
without a hearing (§ 7602(a)(4)). For sealing, the decision is governed by the
interests-of-justice standard above; for expungement of decriminalized conduct
there is no such test—the court grants once the completion and restitution
conditions are met. Victims receive notice and an opportunity to be heard under
§ 7608.
Who can still see or use the record
Sealing removes the conviction from public view: employment, licensing, and
civil-right applications may ask only about non-sealed records, and any public
inquiry is answered "NO CRIMINAL RECORD EXISTS" (§ 7607(b)). But the record
survives for defined uses under § 7607(c): criminal-justice agencies and the
Attorney General may use it for criminal-justice purposes; the Vermont Crime
Information Center and the FBI keep access "without limitation" for firearms
(NICS) background checks; the person and their attorney may access it; a sealed
DUI remains admissible as a predicate for an enhanced sentence; and knowingly
disclosing a sealed record without authorization is a civil violation carrying up
to a $1,000 penalty. Expungement is more complete—the record is annulled and the
case file destroyed once all charges are expunged (§ 7606).
What trips people up
Vermont mostly seals; it rarely expunges. After the 2025 reform, an ordinary
conviction is sealed, not expunged. Expungement is reserved for conduct the
Legislature later decriminalized, so most people are seeking sealing even if they
call it "expungement."
A sealed record still reaches gun checks and courts. Section 7607(c)(6)
gives the Crime Information Center and FBI unlimited access for firearms
background checks, and § 7607(c)(4) keeps a sealed DUI usable to enhance a later
sentence. "NO CRIMINAL RECORD EXISTS" is the answer to the public, not to every
government system.
The State has to justify a denial. For sealing, the court must grant relief
unless the prosecutor shows sealing is contrary to the interests of justice
(§ 7602(c)(3), (d)(3), (e)(4))—the burden is on the State, not the petitioner.
Common questions
How long after a felony can I seal it? Seven years after you complete the
sentence terms and conditions, provided the felony is a "qualifying" felony and
all restitution and surcharges are paid (§ 7602(d)).
Is there an automatic clean-slate process? No. Vermont's 2025 law made
record relief a single petition process; you must file in the Criminal Division
of the Superior Court (§ 7602(a)).
Does sealing restore my ability to deny the conviction? Yes, to most
inquirers. On employment, licensing, and civil-right applications you may answer
only as to records that have not been sealed (§ 7607(b)(2)).
Statutes and sources
- 13 V.S.A. § 7602 — postconviction expungement (decriminalized conduct) and
sealing of qualifying crimes: petition, respondent, stipulation, three-/seven-/
ten-year clocks, restitution condition, and interests-of-justice standard.
https://legislature.vermont.gov/statutes/section/13/230/07602 (accessed 2026-07-20) - 13 V.S.A. § 7601 — definitions, including "qualifying crime" (misdemeanor
exclusions and the eligible-felony list) and "designated felony property
offense."
https://legislature.vermont.gov/statutes/section/13/230/07601 (accessed 2026-07-20) - 13 V.S.A. § 7607 — effect of sealing: treated as never convicted, "NO CRIMINAL
RECORD EXISTS," and the criminal-justice, firearms-check, and other retained-
access exceptions.
https://legislature.vermont.gov/statutes/section/13/230/07607 (accessed 2026-07-20) - 13 V.S.A. § 7606 — effect of expungement: annulment of the record and
destruction of the case file once all charges are expunged.
https://legislature.vermont.gov/statutes/section/13/230/07606 (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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