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Clearance policy overview Records relating to a conviction of a qualifying crime, or crimes arising out of the same incident, can be expunged or sealed by the court five years after the sentence is completed or the commencement of a successfully completed indeterminate term of probation, if the petitioner has no subsequent convictions and has paid all restitution. 13 V.S.A. § 7602(b). Records relating to a conviction of a qualifying crime or crimes arising out of the same incident or occurence will be expunged or sealed by the court without a hearing pursuant to a stipulation from the state's attorney or attorney general. 13 V.S.A. § 7602(a)(1)(A). Records relating to a person who, while a child, was found to be in need of care or supervision may be sealed if the person has reached the age of majority and sealing of the record is in the interest of justice. 33 V.S.A. § 5119(c). Records relating to juvenile court proceedings can be expunged two years after successful completion of diversion, so long as the court finds that the person has been rehabilitated. 3 V.S.A. § 163(e). Records relating to a child adjudicated delinquent prior to July 1, 1996, will be sealed upon a petition or the court's own motion, if the court finds that the child is not subject to a disqualifying event and has been satisfactorily rehabilitated. 33 V.S.A. § 5119(b). Records relating to a child adjudicated delinquent on or after July 1, 1996, will be sealed if two years have elapsed since the final discharge, unless the state's attorney files an objection and the court finds that the child is subject to a disqualifying event and has not been satisfactorily rehabilitated. 33 V.S.A. § 5119(a). Records relating to a conviction for an offense committed before age 25 can be sealed by the court two years after final discharge, if the person is not subjected to any ineligible offenses for 10 years prior to application, and has been rehabilitated to the court's satisfaction. 33 V.S.A. § 5119(g). The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603(a) or (g) is expunged 8 years after the date on which the record was sealed, unless either party objects. 13 V.S.A. § 7603(f). The criminal history record is sealed by the court 60 days after a finding of no probable cause, dismissal at arraignment, or dismissal without prejudice before trial, unless the prosecuting attorney objects. 13 V.S.A. § 7603(a). The criminal history record of a case sealed pursuant to 13 V.S.A. § 7603 before July 1, 2018 can be expunged by the court, unless the state's attorney objects. 13 V.S.A. § 7603(h). The criminal history record of a case ending without conviction can be sealed or expunged by the court within 60 days after final disposition if the person is acquitted or charges are dismissed, or at any time the prosecuting attorney and party stipulate that the court may grant the petition to expunge the record. 13 V.S.A. § 7603(e). The criminal history record of a case can be sealed by the court within 60 days after disposition of the case if no probable cause has been determined upon arraignment or the charges are dismissed without prejudice. 13 V.S.A. § 7603(a). Records relating to arrest and court proceedings can be expunged by the court upon dismissal pursuant to successful completion of probation without conviction for a first controlled substance possession offense, so long as the person was not over age 21 at the time of the offense. V.I. Code Ann. tit. 19, § 607(b). Records relating to an arrest and court proceedings are expunged by the court upon dismissal after the successful completion of probation without conviction for a first offense. V.I. Code Ann. tit. 5, § 3711(c). Records relating to a marijuana related conviction can be expunged by the court one year after sentence completion if the person served between14 and 60 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(2). Records relating to a marijuana related conviction can be expunged by the court six months after sentence completion if the person served between 0 and 14 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(2). Records relating to a marijuana related conviction can be expunged by the court five years after sentence completion if the person served between 181 and 365 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(4). Records relating to a marijuana conviction can be expunged by the court two years after sentence completion if the person served between 61 and 180 days in jail. V.I. Code Ann. tit. 5, §§ 3734, 3737(b)(3). Records relating to an arrest, criminal complaint, or conviction can be expunged for marijuana-related crimes or offenses where the amount seized is no more than 2 ounces in total weight. 5 V.I.C. § 3734a. Records relating to a misdemeanor conviction can be expunged by the court. 5 V.I.C. § 3734.
Ineligible Category or Citation See section 7601 for qualifying offenses. 13 V.S.A. § 7601. See section 7601 for qualifying offenses. 13 V.S.A. § 7602. See 33 V.S.A. § 5119(b). The person is ineligible for expungement if the person has been convicted of a subsequent felony or misdemeanor during the two-year period, or if such proceedings are pending, or if the person owes restitution. 3 V.S.A. § 163(e). See 33 V.S.A. § 5119 for ineligible offenses. See 33 V.S.A. § 5119 for ineligible offenses. See 33 V.S.A. § 5119 for ineligible offenses. There is no statutory language regarding ineligible offenses. See section 7601 for qualifying offenses. 13 V.S.A. § 7603. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. This provision applies only to controlled substance possession. V.I. Code Ann. tit. 19, § 607(c). An offense that resulted in personal injury or death, or in which a deadly weapon was used, is ineligible. V.I. Code Ann. tit. 5, § 3711(c). There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. There is no statutory language regarding ineligible offenses. Limited to marijuana related crimes or offenses only where the amount seized cannot exceed 2 ounces in total weight. 5 V.I.C. § 3734a. There is no statutory language regarding ineligible offenses.
Clearance Process Petition-based Petition-based Petition-based Automatic Automatic Automatic By petition or court's own motion Automatic Automatic Automatic Petition-based Automatic Petition-based Automatic Varies Varies Varies Varies Automatic Petition-based
Waiting Periods The petition can be filed five years after sentence completion or the commencement of a successfully completed indeterminate term of probation. There is no statutory language regarding any waiting period. There is no statutory language regarding a waiting period. The person is eligible for expungement two years after successfully completing diversion. The petition can be filed at any time. The person is eligible for automatic sealing if two years have elapsed since the person's final discharge. The petition can be filed two years after the person's final discharge. 33 V.S.A. § 5119(g). The record can be expunged eight years after the date on which the record was sealed. The record can be sealed 12 months after dismissal or at any time if the prosecuting attorney so stipulates. There is no waiting period. There is no waiting period. There is no waiting period. There is no statutory language regarding a waiting period. There is no statutory language regarding a waiting period. There is a 6-month waiting period. There is a 6-month waiting period. The petition can be filed five years after the completion of jail term or probation term, whichever is later. The petition can be filed two years after the completion of jail term or probation term, whichever is later. The petition can be filed one year after completion of the jail term or probation term, whichever is later. The petition can be filed six months after the completion of the jail term or probation term, whichever is later.
Fees $90. Part or all of the fee can be waived if the court finds that the person is unable to pay it. 32 V.S.A. § 1431(e),(h). There is no statutory language regarding fees. There is no statutory language regarding fees. See 3 V.S.A. § 163(c)(9) for language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There are no fees. There is no fee. There are no fees. There is no statutory language regarding fees. There are no fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees. There is no statutory language regarding fees.
Effect The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The court can grant the petition and order the record expunged or sealed, depending on the age of the petitioner at the time of the offense and what remedy better serves the interests of justice. 13 V.S.A. § 7602(b). For the specific effects of sealing and expungement, see 13 V.S.A. §§ 7606, 7607. The petitioner is treated in all respects as if there was no arrest. Employment and licensing applications cannot require information about the expunged or sealed records. 13 V.S.A. § 7606(a), (b), 7607(a), (b). The court can grant the petition and order the record expunged or sealed, depending on which better serves the interests of justice and the age of the person at the time of the offense. 13 V.S.A. § 7603(c), (d). For the specific effects of sealing and expungement, see 13 V.S.A. § 7606, 7607. The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6). The proceedings in the matter shall be considered never to have occurred, all index references shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists. 3 V.S.A. § 163(f). The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6). The order will seal the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing. 33 V.S.A. § 5119(d). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). Sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6). To "seal" a file or record means to physically and electronically segregate the record in a manner that ensures confidentiality of the record and limits access only to those persons who are authorized by law or court order to view the record. 33 V.S.A. § 5119(j). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The petitioner is treated in all respects as if there was no arrest. Employment and licensing applications cannot require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged records.13 V.S.A. § 7606(a), (b). The court may grant the petition and order the record expunged or sealed depending on the age of the petitioner at the time of the offense and what remedy better serves the interests of justice. 13 V.S.A. § 7602(c). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b). The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. V.I. Code Ann. tit. 19, § 607(b)(2). The person is treated as if they were never arrested. V.I. Code Ann. tit. 5, § 3738. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The Superior Court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The superior court can order the disclosure of the expunged conviction records to a court when preparing presentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739. The person is treated as if they were never arrested. The superior court can order the disclosure of the expunged conviction records to a court when preparing pre-sentences, conducting jury selection, detention, or setting bail, or to an agency of the territorial or federal government that is considering the person for a position. V.I. Code Ann. tit. 5, §§ 3738, 3739.
Remedy Expunge Seal Seal Expunge Seal Seal Seal Expunge Seal Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge Expunge