Vermont expungement and sealing under 13 V.S.A. Chapter 230: the July 2025 Act 60 reform, the expungement-to-sealing shift, the 18-21 young adult 30-day pathway, and the 60-day auto-sealing for dismissals

Vermont's criminal record relief framework was substantially restructured effective July 1, 2025 by Act 60. The reform shifted the relief landscape in two specific ways: it reduced the scope of "expungement" (record destruction) to only those convictions where the underlying conduct is no longer a crime, and it expanded "sealing" (removal from public access, retained for limited criminal justice purposes) to cover most qualifying misdemeanors and many non-violent felonies. The two terms now mean substantively different things, and the choice between them is determined by the offense category rather than petitioner preference.

The framework is in 13 V.S.A. Chapter 230 (Expungement and Sealing of Criminal History Records), specifically §§ 7601-7615 plus several adjacent provisions. The administrative landing page is the Vermont Judiciary expungement page which has current forms and procedural guidance.

For someone considering record relief, the analysis starts with identifying which mechanism applies to the specific conviction. The Act 60 reform changed how some pre-existing cases are categorized; convictions that were expungement-eligible before July 2025 may now be sealing-eligible only. The technical effect is meaningful (sealed records persist with limited access; expunged records don't exist), and for cases involving federal background checks, immigration consequences, or licensing reviews, the distinction matters.

Expungement vs. sealing under the current framework

Per 13 V.S.A. §7601(2), expungement means "the process by which a criminal record is physically destroyed or obliterated." Expunged records cease to exist in any accessible court database; paper files are physically destroyed.

Per §7601(8) and §7607, sealing means "the records related to the criminal charge are removed from any database that is accessible to the public, but are retained by the court and accessible to specified parties." Sealed records exist but are not generally accessible; specific government entities (law enforcement, the judiciary, the prosecuting agency) retain access for limited purposes.

The substantive effects:

Expungement: The record is gone. Employment, housing, licensing, and background check inquiries will not find it. Federal background checks may still find the record if the federal database had previously captured it before the state expungement.

Sealing: The record is removed from public access. General employment, housing, and licensing background checks won't find it. Law enforcement and the judiciary retain access for criminal justice purposes (future bail, sentencing, ongoing investigations). Statutory background check requirements for regulated occupations (teachers, healthcare professionals, certain government employment) can still access sealed records.

What Act 60 changed

The pre-Act 60 framework was more expansive on expungement; many qualifying misdemeanors could be expunged (records destroyed) after the applicable waiting period. The Act 60 reform restricted expungement to convictions where the underlying conduct is no longer a crime, primarily decriminalized marijuana possession and similar offenses that have been removed from the criminal code entirely.

For most other offenses, the post-Act 60 framework provides sealing rather than expungement. The substantive difference is meaningful but not catastrophic; sealed records function as confidential for most practical purposes, and the relief is real.

The reform also expanded sealing eligibility, adding categories of misdemeanors and non-violent felonies that were previously not relieve-able under either framework. The net effect for most petitioners is that more cases are now eligible for some form of relief, even though the specific relief is sealing rather than expungement.

The qualifying crimes framework under §7601(4)

Per 13 V.S.A. §7601(4), "qualifying crimes" eligible for sealing include:

§7601(4)(A) - Qualifying misdemeanors: Most misdemeanors that are not in specific excluded categories. The excluded categories include:

DUI under §1201 of Title 23.

Certain domestic violence misdemeanors.

Misdemeanor offenses with substantial public safety implications.

§7601(4)(B) - Qualifying non-violent felonies: A list of specific felonies eligible for sealing. The list includes:

Many property crimes (theft, embezzlement, fraud) under specified value thresholds.

Drug possession and certain drug distribution offenses.

Burglary of unoccupied dwellings.

Other designated non-violent offenses.

§7601(4)(O) - Decriminalized offenses: Any offense for which the underlying conduct is no longer a crime is eligible for expungement (not just sealing).

§7601(4)(P) - Pardoned offenses: Offenses that have received an unconditional pardon from the Governor are eligible for expungement.

The categorical exclusions are at 13 V.S.A. §5301 (listed crimes including violent felonies, sex offenses, and similar serious categories). These offenses are not eligible for either expungement or sealing under the current framework.

The waiting periods

Per 13 V.S.A. §7602, the waiting periods from completion of sentence (including probation discharge, restitution payment, fine payment) are:

Qualifying misdemeanors: Generally 3 to 5 years depending on the specific offense category and the petitioner's overall criminal history.

Qualifying non-violent felonies: Generally 5 to 10 years depending on the specific offense category.

Decriminalized offenses (expungement eligible): No waiting period beyond sentence completion; eligible immediately after sentence completion.

Dismissed charges: Auto-sealing 60 days after final disposition unless the prosecutor objects in the interest of justice (per §7603(a)). No petition required.

Acquittals: Eligible for sealing immediately after final disposition.

Young adult offenders (18-21 at the time of offense): A specific reduced waiting period of just 30 days from sentence completion. This is the most distinctive Vermont provision; the 30-day pathway is substantially more generous than any other state's young adult framework.

The young adult pathway is the standout feature of Vermont's framework. The legislature's policy rationale: young adults whose criminal involvement is limited to a brief period in their late teens or early twenties should not carry the record for years before relief becomes available. The 30-day window allows young adults to clear qualifying records as they're entering the workforce, which substantially improves their employment prospects.

The 2-year refile bar

Per §7601, if an expungement or sealing petition is denied, the petitioner must wait at least 2 years before refiling. The 2-year window allows the petitioner to demonstrate continued good behavior before re-attempting, and prevents serial refiling that would burden the courts and prosecutors.

The court can authorize earlier refiling in specific circumstances ("unless a shorter duration is authorized by the court"), but the default is the 2-year wait.

The categorical exclusions

Per §5301 and the qualifying crimes framework, the following are categorically excluded from both expungement and sealing under §7602:

Listed violent felonies under §5301: Murder, manslaughter (most degrees), aggravated assault (most degrees), kidnapping, robbery (most degrees), arson (most degrees), and similar.

Sex offenses requiring registration under §5407 or similar: The full range of registered sex offenses, including offenses with specific aggravating factors.

Crimes against minors: Specific offenses involving minor victims (sexual assault, exploitation, child pornography) are categorically excluded.

DUI: DUI convictions under 23 V.S.A. §1201 have a separate framework and are not directly eligible for §7602 sealing.

These exclusions are absolute. There is no discretionary path to seal a listed crime regardless of how much time has passed or how clean the post-conviction record is.

The procedural sequence

For petition-based relief (most cases):

Step 1. Confirm eligibility under §7601(4) and §7602. Identify whether the conviction qualifies as a §7601(4)(A) misdemeanor, a §7601(4)(B) non-violent felony, or another category. Confirm the applicable waiting period has elapsed.

Step 2. Confirm no pending charges. Per §7602, the court cannot act on a petition while there are pending criminal proceedings. Resolve any pending matters before filing.

Step 3. File the Petition to Expunge or Seal Criminal History Record with the Superior Court Criminal Division where the conviction occurred. The form is available on the Vermont Judiciary website.

Step 4. Pay the $90 filing fee per incident (DUI convictions are exempt from the filing fee). Fee waiver is available via Form 600-00229 if you cannot afford it.

Step 5. The court notifies the State's Attorney's Office, who is required to notify any victims of the underlying offense.

Step 6. The State's Attorney has the opportunity to object. If there is no objection, the petition typically proceeds with limited judicial review. If the State's Attorney objects "in the interest of justice," a hearing is scheduled.

Step 7. If a hearing is required, attend and address the State's Attorney's concerns and the court's questions.

Step 8. Receive the order. If granted, the order is transmitted to the Vermont Crime Information Center (VCIC), the arresting agency, and any other state entity identified by the petitioner. Records are sealed (or expunged) within 30-60 days after the order.

The 60-day auto-sealing for dismissals

Per 13 V.S.A. §7603(a), criminal cases dismissed at arraignment or before trial without prejudice are automatically sealed 60 days after the dismissal, unless either party objects in the interest of justice.

The auto-sealing applies to dismissals after July 1, 2018 (when the original auto-sealing framework was enacted; the 2019 amendment reduced the wait from 12 months to 60 days, and the 2025 Act 60 reform maintained the 60-day framework).

For pre-July 2018 dismissals, the auto-sealing does not apply; a petition is required to seal those older dismissals.

The auto-sealing is mechanical: no petition required, no fee, no hearing. The dismissal triggers the 60-day clock, and at the end of the period, the records are sealed unless an objection has been filed.

This is one of the most consumer-favorable provisions in any state expungement framework. Many other states require petitions even for dismissed cases (often with substantial filing fees); Vermont's auto-sealing for dismissals is administratively efficient and removes a substantial barrier to record relief.

The 18-21 young adult 30-day pathway

The distinctive Vermont provision is the 30-day waiting period for young adults who were 18-21 at the time of the qualifying offense. The framework allows young adults to clear qualifying records soon after sentence completion, which has substantial implications for employment, housing, and educational opportunities during the critical early-career period.

The 30-day pathway is for sealing (not expungement) of qualifying offenses under §7601(4)(A) and §7601(4)(B). The categorical exclusions still apply; violent felonies and sex offenses are not eligible even under the young adult framework.

For a young adult considering whether to seek relief:

The 30-day clock starts at completion of sentence (probation discharge, restitution payment, fine payment).

The qualifying offense must fit within §7601(4)(A) (misdemeanors) or §7601(4)(B) (non-violent felonies) on the eligible list.

The standard procedural framework applies: petition filed, State's Attorney notified, victim notification, court review.

The 30-day pathway is the substantial advantage; the procedural framework is otherwise the same.

What sealing does not reach

Several categories of records and consequences are not affected by §7607 sealing:

Federal records. FBI fingerprint databases, federal background checks for federal employment, federal firearms purchase background checks under NICS, and other federal databases are not bound by state sealing. State-level sealing does not automatically clear federal records.

Private background check companies. Companies that built their databases from public court records before the sealing order may still have the information on file. Sealing under §7607 doesn't reach private data brokers retroactively; you have to send removal requests under the Fair Credit Reporting Act framework individually.

Statutory background check carve-outs. Per §7607, certain entities can access sealed records: law enforcement, the judiciary, the prosecuting agency, and certain regulated occupations. Teachers, healthcare professionals, peace officers, and similar regulated positions can still see sealed records during the licensing or hiring process.

Immigration consequences. Federal immigration authorities apply federal definitions of criminal conviction that are not affected by state sealing. A sealed Vermont conviction is still a "conviction" for immigration purposes.

How Vermont compares to other state frameworks

The expungement-to-sealing shift under Act 60 is unusual; most states have moved in the opposite direction (expanding expungement scope rather than restricting it). Vermont's framework now provides sealing as the default with expungement as a narrow exception.

The 60-day auto-sealing for dismissals is generous; most states require petitions for all dismissals.

The 18-21 young adult 30-day pathway is the most generous in the country; no other state has such a short waiting period for adult offenders.

The 3-10 year waiting periods for misdemeanors and non-violent felonies are moderate; comparable to most state frameworks.

The categorical exclusions are consistent with the national pattern.

The 2-year refile bar after denial is consistent with most state frameworks.

The $90 filing fee with waiver availability is moderate; lower than Massachusetts and California, comparable to most state frameworks.

Practical guidance

For Vermont residents considering expungement or sealing:

Identify the specific offense category under §7601(4). The framework distinguishes carefully between qualifying misdemeanors, qualifying non-violent felonies, decriminalized offenses, and pardoned offenses; the applicable relief depends on the category.

For young adults (18-21 at the time of offense), the 30-day pathway is the substantial advantage. Don't wait years; the relief is available almost immediately after sentence completion.

For dismissed cases after July 2018, the auto-sealing is mechanical. Check the court records to confirm whether the dismissal has been processed for auto-sealing; if not, an inquiry to the court can prompt the sealing.

For DUI convictions, look to the separate 23 V.S.A. framework rather than §7602.

For listed crimes under §5301, sealing is unavailable. Document your post-conviction conduct against potential future changes in eligibility, but understand that current Vermont law does not provide a pathway.

Pay the $90 filing fee or request the waiver. Don't try to bypass the fee; the waiver is genuinely available for those who cannot afford it.

For petitions involving prosecutor opposition, prepare for the hearing carefully. Document employment, family circumstances, community involvement, and absence of subsequent criminal involvement; the court's discretion is real but generally exercised in favor of granted petitions where the petitioner has demonstrated rehabilitation.

The Vermont framework has expanded substantially over the past decade. The 2018, 2019, and 2025 reforms have each added more eligibility and reduced procedural barriers. Further reform is plausible but not currently pending; the current framework is meaningful and the petition process is accessible for most qualifying cases.