Vermont (VT) — Expungement & Record Clearing
Yes, you can clear your criminal record in Vermont through expungement or sealing under 13 V.S.A. Chapter 230. Since July 2025 (Act 60), sealing is the primary remedy: most qualifying misdemeanors can be sealed after 3 years, qualifying felonies after 7 years, and DUI misdemeanors after 10 years. Young adults (18–21 at the time of offense) can petition after just 30 days. Expungement — which destroys the record entirely — is now limited to convictions for conduct that is no longer a crime. Filing costs $90 per docket (fee waivers available), and the process takes 2–6 months. Vermont Legal Aid offers free help at 1-800-917-7787. Listed crimes involving violence and sexual offenses are not eligible. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
Vermont offers both expungement and sealing of criminal records under 13 V.S.A. Chapter 230. Following a major revision effective July 1, 2025 (Act 60), the law shifted its focus from expungement to sealing. Expungement — which destroys the record entirely — is now limited to convictions where the underlying conduct is no longer a crime. Sealing, which removes the record from public access but retains it for law enforcement purposes, is available for most misdemeanors and many non-violent felonies after waiting periods of 3 to 10 years. Young adults aged 18–21 at the time of the offense benefit from a shortened 30-day waiting period.
Official term: Expungement and Sealing (13 V.S.A. §§ 7601–7615) — Vermont distinguishes between expungement (record destroyed, treated as if it never existed) and sealing (record removed from public access but retained for criminal justice purposes). Since July 2025, sealing is the primary form of relief for most qualifying convictions.
Who qualifies
- ✓Misdemeanor convictions that are not “listed crimes” under 13 V.S.A. § 5301 (most misdemeanors qualify)
- ✓Non-violent felony convictions including burglary of unoccupied dwellings, designated property crimes, and drug trafficking offenses
- ✓Convictions pardoned by the Governor
- ✓Convictions for offenses that are no longer crimes (eligible for full expungement)
- ✓Cannabis possession convictions for 2 oz or less entered before January 1, 2021 (automatically expunged)
- ✓Non-conviction records (dismissed charges, acquittals, no-probable-cause findings)
- ✓Qualifying crimes committed by persons aged 18–21 at the time of the offense (shortened waiting period)
Who does not qualify
- ✗“Listed crimes” under 13 V.S.A. § 5301 — violent offenses such as murder, manslaughter, assault and robbery, kidnapping, arson
- ✗Sexual offenses including sexual assault, aggravated sexual assault, lewd and lascivious conduct with a child, and sexual exploitation of a minor
- ✗Hate-motivated crimes (13 V.S.A. § 1455)
- ✗Cruelty to a child and mistreatment of persons with impaired cognitive function
- ✗Female genital mutilation offenses
- ✗Violations of extreme risk protection orders
- ✗Persons with pending criminal charges (petition cannot proceed until resolved)
Waiting Periods
| Misdemeanor conviction (qualifying crime) | 3 years after completing sentence |
| Felony conviction (qualifying crime) | 7 years after completing sentence |
| Misdemeanor DUI conviction | 10 years after completing sentence |
| Qualifying crime committed at age 18–21 | 30 days after completing sentence |
| Conduct no longer a crime (expungement) | After completing sentence or supervision |
| Non-conviction (dismissed, acquitted) | 60 days after final disposition |
Step-by-Step Process
Obtain your criminal history record
Request a copy of your criminal history from the Vermont Crime Information Center (VCIC). The record check costs $30 (non-refundable). You will need the case number (docket number), year of offense, and description of offense.
Determine eligibility
Confirm your conviction is a qualifying crime (not a listed crime under 13 V.S.A. § 5301), the required waiting period has passed, you have no pending charges, and all restitution has been paid.
Complete the petition form
Fill out the Petition to Expunge or Seal Criminal History Record, available on the Vermont Judiciary website or at your local courthouse. File one petition per docket/incident.
File the petition with the court
File at the Superior Court where you were convicted. Pay the $90 filing fee per incident (fee waiver available by filing Form 600-00229 if you cannot afford it). No filing fee is required except for DUI convictions.
Prosecutor and victim notification
The court notifies the State’s Attorney, who will also notify any victims. The prosecutor has the opportunity to object or consent to your petition.
Court decision or hearing
If the prosecutor does not object, the court shall grant sealing without a hearing. If there is an objection, the court will schedule a hearing to determine whether sealing is in the interests of justice. If denied, you must wait at least 2 years before refiling (unless the court authorizes a shorter period).
Visual Guide
Automatic Relief (Cannabis Expungement & Non-Conviction Sealing)
Vermont provides automatic relief in limited circumstances. Cannabis possession convictions for 2 ounces or less entered before January 1, 2021 were automatically expunged by January 1, 2022. Non-conviction records (dismissed charges, acquittals) are sealed within 60 days of final disposition unless a party objects.
| Scenario | Sealed When |
|---|---|
| Cannabis possession ≤2 oz (pre-2021 conviction) | Automatically expunged by January 1, 2022 |
| No probable cause found at arraignment | Sealed within 60 days of final disposition |
| Charge dismissed before trial | Sealed within 60 days of final disposition |
| Acquittal at trial | Sealed within 60 days of final disposition |
Costs
- Filing fee
- $90 per docket/incident (no fee except for DUI convictions in some courts)
- Fee waiver
- Available for those who cannot afford the fee (Form 600-00229)
- Attorney (optional)
- Varies; Vermont Legal Aid offers free expungement clinics and assistance
A $30 non-refundable fee applies for the VCIC criminal history record check. Vermont Legal Aid (1-800-917-7787) provides free help for eligible Vermonters.
Timeline
- With attorney
- 2–4 months
- Standard
- 3–6 months
After the court grants expungement or sealing, it may take up to 6 months for the FBI to remove the record from federal databases. Processing times vary by court and whether a hearing is required.
What expungement does
- ✓Expungement: annuls the record and treats the person as if never arrested, convicted, or sentenced — the case file is destroyed
- ✓Sealing: removes the record from public access and treats the person as if never arrested, convicted, or sentenced for most purposes
- ✓You are not required to disclose an expunged or sealed record on employment, housing, or licensing applications
- ✓The official response to any inquiry about an expunged record is “NO CRIMINAL RECORD EXISTS”
- ✓Removes barriers to employment, housing, and professional licensing
- ✓Sealed records do not appear on standard background checks
What expungement does NOT do
- ✗Sealing does NOT destroy the record — law enforcement and criminal justice agencies can still access sealed records
- ✗A sealed conviction can still be used as a predicate offense in any subsequent prosecution
- ✗An entity that already possesses a sealed record may continue to use it in a civil suit
- ✗Expunged or sealed records may still appear in federal (FBI) background checks for up to 6 months after the order
- ✗It is unclear whether expungement or sealing restores firearm rights under Vermont’s statutory restrictions
- ✗Does NOT remove sex offender registration requirements for registrable offenses
Other Relief Options in Vermont
Governor’s Pardon
The Governor has exclusive pardon authority. There is no application fee. A pardon is a statement of forgiveness and rehabilitation and makes the conviction eligible for sealing as a qualifying crime. Apply directly through the Governor’s Office in Montpelier.
Sealing for Young Adults (18–21)
Persons who were 18–21 years old at the time of a qualifying crime may petition for sealing after just 30 days from completing their sentence, a significantly shorter waiting period than the standard 3–7 years.
Deferred Sentence and Expungement
Under 13 V.S.A. § 7041, a court may defer sentencing and place the defendant on probation. Upon successful completion, the charge is dismissed and eligible for expungement. Not available for certain serious sexual offenses.
Frequently Asked Questions
- What is the difference between expungement and sealing in Vermont?
- Expungement completely annuls the record — the case file is destroyed and the official response to any inquiry is “NO CRIMINAL RECORD EXISTS.” Sealing removes the record from public access but retains it for law enforcement and criminal justice purposes. Since July 2025 (Act 60), sealing is the primary form of relief; expungement is limited to convictions where the underlying conduct is no longer a crime.
- How much does it cost to seal or expunge a record in Vermont?
- The filing fee is $90 per docket or incident. You will also pay a $30 non-refundable fee for your VCIC criminal history check. Fee waivers are available if you cannot afford the filing fee. Vermont Legal Aid offers free expungement clinics — call 1-800-917-7787 or visit vtlawhelp.org/expungement.
- How long do I have to wait to seal a misdemeanor in Vermont?
- For most qualifying misdemeanors, you must wait 3 years after completing your sentence (including probation). For misdemeanor DUI convictions, the waiting period is 10 years. If you were 18–21 years old at the time of the offense, the waiting period is only 30 days after completing your sentence.
- Can a felony be sealed in Vermont?
- Yes, many non-violent felonies are qualifying crimes eligible for sealing after a 7-year waiting period from completion of the sentence. Qualifying felonies include burglary of unoccupied dwellings, designated property crimes, and drug trafficking offenses. Violent felonies classified as “listed crimes” under 13 V.S.A. § 5301 are not eligible.
- Can I seal a DUI conviction in Vermont?
- Yes, misdemeanor DUI convictions can be sealed after a 10-year waiting period from sentence completion. However, you must not hold a commercial driver’s license or permit, and the prosecutor must not demonstrate that sealing would be contrary to the interests of justice.
- Do I need a lawyer to seal my record in Vermont?
- No, you can file a petition on your own using forms available on the Vermont Judiciary website. However, an attorney can help navigate complex cases. Vermont Legal Aid and Legal Services Vermont offer free assistance through expungement clinics. Call 1-800-917-7787 for help.
- Were cannabis possession records automatically expunged in Vermont?
- Yes. Under S.234 (signed in 2020), convictions for possession of 2 ounces or less of marijuana entered before January 1, 2021 were automatically expunged by January 1, 2022. No petition was needed. Convictions of persons aged 18–21 at the time of the charge were expunged within 30 days.
- What happens if my petition to seal is denied?
- If a petition to seal is denied, you must wait at least 2 years before filing a new petition, unless the court authorizes a shorter waiting period. Consider consulting with Vermont Legal Aid or an attorney before refiling to strengthen your petition.
Take Action — Direct Links
- Court petition/form
Form 130 — Petition to Expunge or Seal Criminal History Record (PDF from Vermont Judiciary). File one petition per docket/incident at the Superior Court where you were convicted.
- Criminal record request
Vermont Crime Information Center (VCIC) — Request Your Own Criminal Record. Costs $30 (non-refundable). Requires a notarized form; processing takes 5–7 business days by mail or about 10 minutes in person.
- Free legal aid
Vermont Legal Aid / Legal Services Vermont — Seal or Expunge Your Vermont Criminal Record. Free expungement clinics and legal assistance for eligible Vermonters. Call 1-800-889-2047 or apply online.
- Court self-help center
Vermont Judiciary — Expunging and Sealing Criminal Records. Official self-help page with forms, instructions, eligibility information, and links to the Access and Resource Center (802-879-1185).
- Statute full text
13 V.S.A. Chapter 230 — Expungement and Sealing of Criminal History Records (full text from the Vermont Legislature).
Sources
- 13 V.S.A. Chapter 230 — Expungement and Sealing
- Vermont Judiciary — Expunging and Sealing Criminal Records
- VTLawHelp.org — Seal or Expunge Your Record
- Collateral Consequences Resource Center — Vermont Profile
- VCIC — Expungement, Sealing, and Pardon Information
- National Reentry Resource Center — Vermont Adult Convictions