§ 7602. Expungement and sealing of record, postconviction; procedure
(a)(1) A person may file a petition with the court requesting expungement or sealing of the criminal history record related to the conviction if:
(A) the person was convicted of a qualifying crime or qualifying crimes arising out of the same incident or occurrence;
(B) the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense;
(C) pursuant to the conditions set forth in subsection (g) of this section, the person was convicted of a violation of 23 V.S.A. § 1201(a) related to operating under the influence of alcohol or other substance, excluding a violation of that section resulting in serious bodily injury or death to any person other than the operator, or related to operating a school bus with a blood alcohol concentration of 0.02 or more or operating a commercial vehicle with a blood alcohol concentration of 0.04 or more; or
(D) pursuant to the conditions set forth in subsection (h) of this section, the person was convicted under 1201(c)(3)(A) of a violation of subdivision 1201(a) of this title related to burglary when the person was 25 years of age or younger, and the person did not carry a dangerous or deadly weapon during commission of the offense.
(2) The State's Attorney or Attorney General shall be the respondent in the matter.
(3) The court shall grant the petition without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall issue the petitioner an order of expungement and provide notice of the order in accordance with this section.
(4) This section shall not apply to an individual licensed as a commercial driver pursuant to 23 V.S.A. chapter 39 seeking to seal or expunge a record of a conviction for a felony offense committed in a motor vehicle as defined in 23 V.S.A. § 4.
(b)(1) The court shall grant the petition and order that the criminal history record be expunged pursuant to section 7606 of this title if the following conditions are met:
(A) At least five years have elapsed since the date on which the person successfully completed the terms and conditions of the sentence for the conviction, or if the person has successfully completed the terms and conditions of an indeterminate term of probation that commenced at least five years previously.
(B) The person has not been convicted of a crime arising out of a new incident or occurrence since the person was convicted for the qualifying crime.
(C) Any restitution ordered by the court has been paid in full.
(D) The court finds that expungement of the criminal history record serves the interests of justice.
(2) The court shall grant the petition and order that all or part of the criminal history record be sealed pursuant to section 7607 of this title if the conditions of subdivisions (1)(A), (B), and (C) of this subsection are met and the court finds that:
(A) sealing the criminal history record better serves the interests of justice than expungement; and
(B) the person committed the qualifying crime after reaching 19 years of age.
(c)(1) The court shall grant the petition and order that the criminal history record be expunged pursuant to section 7606 of this title if the following conditions are met:
(A) At least 10 years have elapsed since the date on which the person successfully completed the terms and conditions of the sentence for the conviction.
(B) The person has not been convicted of a felony arising out of a new incident or occurrence in the last seven years.
(C) The person has not been convicted of a misdemeanor during the past five years.
(D) Any restitution ordered by the court for any crime of which the person has been convicted has been paid in full.
(E) After considering the particular nature of any subsequent offense, the court finds that expungement of the criminal history record for the qualifying crime serves the interests of justice.
(2) The court shall grant the petition and order that all or part of the criminal history record be sealed pursuant to section 7607 of this title if the conditions of subdivisions (1)(A), (B), (C), and (D) of this subsection are met and the court finds that:
(A) sealing the criminal history record better serves the interests of justice than expungement; and
(B) the person committed the qualifying crime after reaching 19 years of age.
(d) For petitions filed pursuant to subdivision (a)(1)(B) of this section, unless the court finds that expungement would not be in the interests of justice, the court shall grant the petition and order that the criminal history record be expunged in accordance with section 7606 of this title if the following conditions are met:
(1) The petitioner has completed any sentence or supervision for the offense.
(2) Any restitution ordered by the court has been paid in full.
(e) For petitions filed pursuant to subdivision (a)(1)(B) of this section for a conviction for possession of a regulated drug under 18 V.S.A. chapter 84, subchapter 1 in an amount that is no longer prohibited by law or for which criminal sanctions have been removed:
(1) The petitioner shall bear the burden of establishing that his or her conviction was based on possessing an amount of regulated drug that is no longer prohibited by law or for which criminal sanctions have been removed.
(2) There shall be a rebuttable presumption that the amount of the regulated drug specified in the affidavit of probable cause associated with the petitioner's conviction was the amount possessed by the petitioner.
(f) Prior to granting an expungement or sealing under this section for petitions filed pursuant to subdivision 7601(4)(D) of this title, the court shall make a finding that the conduct underlying the conviction under section 1201 of this title did not constitute a burglary into an occupied dwelling, as defined in subdivision 1201(b)(2) of this title. The petitioner shall bear the burden of establishing this fact.
(g) For petitions filed pursuant to subdivision (a)(1)(C) of this section, only petitions to seal may be considered or granted by the court. This subsection shall not apply to an individual licensed as a commercial driver pursuant to 23 V.S.A. chapter 39. Unless the court finds that sealing would not be in the interests of justice, the court shall grant the petition and order that the criminal history record be sealed in accordance with section 7607 of this title if the following conditions are met:
(1) At least 10 years have elapsed since the date on which the person successfully completed the terms and conditions of the sentence for the conviction, or if the person has successfully completed the terms and conditions of an indeterminate term of probation that commenced at least 10 years previously.
(2) At the time of the filing of the petition:
(A) the person has only one conviction of a violation of 23 V.S.A. § 1201, which shall be construed in accordance with 23 V.S.A. § 1211; and
(B) the person has not been convicted of a crime arising out of a new incident or occurrence since the person was convicted of a violation of 23 V.S.A. § 1201(a).
(3) Any restitution ordered by the court has been paid in full.
(4) The court finds that sealing of the criminal history record serves the interests of justice.
(h) For petitions filed pursuant to subdivision (a)(1)(D) of this section, unless the court finds that expungement or sealing would not be in the interests of justice, the court shall grant the petition and order that the criminal history record be expunged or sealed in accordance with section 7606 or 7607 of this title if the following conditions are met:
(1) At least 15 years have elapsed since the date on which the person successfully completed the terms and conditions of the sentence for the conviction, or the person has successfully completed the terms and conditions of an indeterminate term of probation that commenced at least 15 years previously.
(2) The person has not been convicted of a crime arising out of a new incident or occurrence since the person was convicted of a violation of subdivision 1201(c)(3)(A) of this title.
(3) Any restitution ordered by the court has been paid in full.
(4) The court finds that expungement or sealing of the criminal history record serves the interests of justice. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2015, No. 36, § 2, eff. May 26, 2015; 2017, No. 57, § 4; 2017, No. 178 (Adj. Sess.), § 1; 2019, No. 32, § 3, eff. Oct. 1, 2019.)