Expunging and Sealing Criminal Records

• Bennington Legal Advice Clinic

  Vermont Legal Aid hosts a monthly legal clinic for residents of Bennington County. You can take part on the phone or online. Advocates can answer questions about criminal record expungements, among other topics. Call 802-318-4169 to schedule an appointment. Leave a message with your name and contact number. Please be sure to mention the Bennington Legal Advice Clinic. Mention if you need an interpreter. Space is limited. Income eligibility is required for certain subject matters.

• Brattleboro BIPOC Legal Aid Clinic

  Vermont Legal Aid and the Root Social Justice Center in Brattleboro host a monthly BIPOC (Black, Indigenous and People of Color) Legal Aid Clinic. While this is a BIPOC-centered clinic, it is multiracial and open to all identities. Everyone can access this support. Held in the afternoon on the last Thursday of each month. Services includes help with clearing criminal records. Appointments are preferred. For more information, call Jeannette at Vermont Legal Aid at 802-885-5181.

• Your local Community Justice Center may be able to help with the expungement or sealing process. Contact them for information. 

• Consider talking to an attorney. The Finding Legal Help web page has information about the ways to get the help of an attorney.

A major revision to the expungement and sealing laws became effective July 1, 2025. The number of offenses eligible for expungement was reduced, and the number of offenses eligible for sealing was increased. See Act 60 (2025) for the complete text of the legislation.

If a petition to expunge or seal is denied, the defendant must wait at least 2 years before trying again, unless a shorter duration is authorized by the court.

 

What can be expunged?

A conviction for an offense which is no longer a crime can be expunged if:

• The defendant has completed their sentence or supervision
• They have paid all restitution and surcharges

13 V.S.A. § 7602 (b)

 

What can be sealed?

A defendant may ask to seal the records related to convictions of a qualifying crime if certain conditions have been met. Qualifying crimes are defined in 13 V.S.A. § 7601 (4).

If the defendant has a pending criminal charge, the court can’t act on a petition to seal until the pending charge has been resolved.

 

Misdemeanor offenses except those listed in 13 V.S.A. § 7601 (4)(A) can be sealed if:

• At least 3 years have passed
• The defendant has paid all restitution and surcharges
• The prosecutor has not shown sealing would be contrary to interests of justice

13 V.S.A. § 7602 (c)

 

Felony offenses listed in 13 V.S.A. § 7601 (4)(B) can be sealed if:

• At least 7 years have passed
• The defendant has paid all restitution and surcharges
• The prosecutor has not shown sealing would be contrary to interests of justice

13 V.S.A. § 7602 (d)

 

A qualifying DUI misdemeanor can be sealed if:

• At least 10 years have passed
• The defendant has paid all restitution and surcharges
• The defendant is not a holder of a commercial driver’s license or permit
• The prosecutor has not shown sealing would be contrary to interests of justice

13 V.S.A. § 7602 (e)

 

Charges for which there was no conviction are eligible to be sealed:

• by the court automatically within 60 days of final disposition unless either party objects in the interest of justice. This includes cases in which:
  • No probable cause was found at the time of arraignment
  • The case was dismissed before trial, either with or without prejudice
  • The defendant was acquitted

• at any time if the prosecutor stipulates to sealing
• the defendant may file a petition to seal at any time

13 V.S.A. § 7603

 

Qualifying crimes committed when the defendant was 18-21 years of age can be sealed if:

• It has been at least 30 days since they completed the terms of their sentence
• The defendant has paid all restitution and surcharges (or had them waived)
• The prosecutor has not shown sealing would be contrary to interests of justice

13 V.S.A. § 7609

 

Offenses committed before the age of 25 can be sealed if certain requirements are met. 33 V.S.A. § 5119.

Multiple offenses, or offenses in more than one county

If you are asking to expunge or seal multiple offenses and they are related to the same incident, you can file a single petition. If the offenses aren't related to the same incident, or if you have offenses in more than one county, you must file a separate petition for each offense.

 

Get help

The process to ask to expunge or seal a criminal record can be complicated. See the Expungement Help section of this web page for information about ways to get help with the process.

 

1. Get your criminal case records

If you don't already have detailed information about your charges or convictions, request a copy of your criminal records. Information you need includes the case number (sometimes called the docket number), the year of the offense, a description of the offense, the date of conviction, and other information.

You can request copies from the Vermont Judiciary, or from the Vermont Crime Information Center.

Vermont Judiciary

Request records by email, mail, or in person

Fill out the Criminal Record Check Request form (200-00331) and email, mail, or hand deliver the form to the court in the county in which you had a case or charge. You must submit a separate request for each county in which you had a case or charge. There is a fee for the request. See the Criminal Records Check web page for the form and more information about the request process.

Search for records yourself the courthouse

You can search for court records by name or case number using a Public Access Terminal at a courthouse. Coverage generally dates back to the early 1990s. There is no charge to view the records. There is a charge to print.

 

Vermont Crime Information Center

You can request a criminal record check online using the Vermont Criminal Conviction Record Internet Service, or make a request by mail, email or in person. There is a fee for the report, which includes all Vermont counties. See the Vermont Crime Information Center Records Check web page for more information.

 

2.  Review your records and determine which are eligible to expunge or seal

Determining which records are eligible to be expunged or sealed can be complicated.

The vtlawhelp.org website provides a detailed explanation of how to review your criminal records to figure out what records you can ask to have expunged or sealed. The web page provides information about determining whether the offense is eligible, whether enough time has passed, and whether you have paid restitution, fines, fees, and surcharges. Find information under the heading Step 3: Find out which convictions can be expunged or sealed?

 

3.  Contact the Prosecutor's Office

Once you have determined which records are eligible, contact the office of the prosecutor (State's Attorney or Attorney General) and ask them if they will agree – stipulate – to your request.

 

If the prosecutor will stipulate:

• Fill out the Stipulation to Expunge or Seal Criminal History Record form (200-00132). This form is signed by you and the prosecutor and tells the court you both agree to the request.
• Send or take the form to the prosecutor.
• Ask them if they will file the signed stipulation with the court, or if they will sign it and return it to you for you to file with the court.
  • If the prosecutor wants you to file, file completed the Petition to Expunge or Seal Criminal History form (200-00130) and the signed stipulation.
    • There is no filing fee to ask to seal or expunge a record unless you're asking to seal a conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older.
    • If you are asking to seal conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older, there is a filing fee. To ask to waive the fee, fill out and file the Application to Waive Filing Fees and Service Costs form (600-00229).
• The judge will review the petition without a hearing.  

 

If the prosecutor won't stipulate:

• Fill out the Petition to Expunge or Seal Criminal History form (200-00130).
• File the petition with the court.
  • There is no filing fee to ask to seal or expunge a record unless you're asking to seal a conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older.
  • If you are asking to seal conviction for driving under the influence of alcohol (23 V.S.A. § 1201(a)) committed when you were 25 or older, there is a filing fee. To ask to waive the fee, fill out and file the Application to Waive Filing Fees and Service Costs form (600-00229).
• The court will notify the prosecutor about your petition.
• The prosecutor will notify the victim (if there was one) about your petition. The victim has the right to provide a statement in response to your request.
• If the prosecutor agrees to your request, the judge may make a decision without a hearing.
• If the prosecutor opposes your request, the court will schedule a hearing.
• Attend the hearing. The hearing may be held in person or remotely.

 

4.  The judge will make a decision

If your petition is granted

• The court will send you the order sealing or expunging the criminal record.
• The court will notify the Vermont Crime Information Center (VCIC), the arresting agency, the Restitution Unit of the Vermont Center for Crime Victim Services, and any other entity that may have a record.

If your petition is denied

You must wait at least two years before you can file another petition unless the court allows you to file sooner.