Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	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 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 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 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 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 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 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).	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).	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 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 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(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).	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).	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 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, can be expunged or sealed by the court 10 years after the sentence is completed, if the petitioner has no felony conviction in the previous seven years and no misdemeanor conviction in the past five years, and has paid all restitution. 13 V.S.A. § 7602(c).	The record of conviction or adjudication for a traffic violation can be expunged 2 years after satisfaction of the judgement. 23 V.S.A. § 2303(a).	Records relating to a conviction for an offense that is no longer prohibited by law or designated as a criminal offense can be expunged by the court at any time after sentence completion. 13 V.S.A. § 7602(a)(1)(B), (e).	Records relating to a conviction can be vacated by the court, if the conviction resulted from being a victim of human trafficking. 13 V.S.A. § 2658.	Records relating to a case dismissed after the successful completion of probation under section 7041 will be expunged by the court, absent a finding of good cause not to expunge and after all restitution is paid in full. 13 V.S.A. § 7041(a), (e).
Ineligible Category or Citation	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.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	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).	This provision applies only to controlled substance possession. V.I. Code Ann. tit. 19, § 607(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.	See section 7601 for qualifying offenses. 13 V.S.A. § 7603.	There is no statutory language regarding ineligible offenses.	See 33 V.S.A. § 5119 for ineligible offenses.	See section 7601 for qualifying offenses. 13 V.S.A. § 7602.	See section 7601 for qualifying offenses. 13 V.S.A. § 7601.	See 13 V.S.A. § 7601 for qualifying offenses.	On offenses listed under 23 V.S.A. § 2303(a) are eligible for expungement.	There is no statutory language regarding ineligible offenses.	See 13 V.S.A. § 2658(a)(1). for ineligible offenses.	See 13 V.S.A. § 7041(a), (c) for offenses ineligible for deferred adjudication.
Clearance Process	Automatic	Varies	Varies	Varies	Varies	Automatic	Petition-based	Automatic	Petition-based	Automatic	Automatic	Automatic	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Automatic
Waiting Periods	The petition can be filed one year after completion of the 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 five years after the completion of jail term or probation term, whichever is later.	There is a 6-month waiting period.	There is a 6-month waiting period.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	There is no waiting period.	There is no waiting period.	There is no waiting period.	The record can be sealed 12 months after dismissal or at any time if the prosecuting attorney so stipulates.	The record can be expunged eight years after the date on which the record was sealed.	The petition can be filed two years after the person's final discharge. 33 V.S.A. § 5119(g).	There is no statutory language regarding any waiting period.	The petition can be filed five years after sentence completion or the commencement of a successfully completed indeterminate term of probation.	The petition can be filed 10 years after sentence completion.	The petition can be filed five years after the sentence is completed or the commencement of a successfully completed indeterminate term of probation.	The petition can be filed at any time after sentence completion.	There is no waiting period.	The record is expunged upon the completion of probation, absent a finding of good cause.
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 are no 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 is no statutory language regarding 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).	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.	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	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.	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. V.I. Code Ann. tit. 5, § 3738.	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 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 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 records.13 V.S.A. § 7606(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 or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).	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. 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 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, 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(c). For the specific effects of sealing and expungement, see 13 V.S.A. §§ 7606, 7607.	The record is expunged; the person shall be treated in all respects as if he or she had never been convicted or adjudicated of the violation. See 23 V.S.A. § 2303(b).	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 records. 13 V.S.A. §§ 7606(a), (b). For the specific effects of expungement, see 13 V.S.A. § 7606.	The conviction is vacated and the court strikes the adjudication of guilt and expunges the record of the criminal proceeding. 13 V.S.A. § 2658(d)(2).	All records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the deferred sentence are expunged. 13 V.S.A. § 7041(e).
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Seal	Expunge	Seal	Seal	Expunge	Seal	Expunge	Seal	Vacate	Seal

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.