in Vermont
Major overhaul effective July 1, 2025 (Act 60 / S12). Vermont's expungement and sealing law was dramatically expanded. "Sealing" now covers most misdemeanors and a much broader range of felonies including burglary of unoccupied dwellings, property crimes, drug trafficking, and pardoned convictions. "Expungement" (physical destruction of records) is now reserved for conduct that is no longer a crime. This is a significant expansion — many Vermonters who previously couldn't qualify now can.
Vermont distinguishes expungement from sealing. Expungement means records are physically destroyed — paper files shredded, electronic records removed. It applies when the underlying conduct is no longer a crime. Sealing restricts public access but criminal justice agencies retain the record for criminal justice purposes. Both result in the person being treated as if they were never arrested, convicted, or sentenced for most purposes.
2-year bar on refiling after denial. If your petition is denied, you must wait at least 2 years before filing again (unless the court authorizes a shorter period). Do not file prematurely — make sure you clearly meet all eligibility requirements and have strong supporting documentation before filing. A premature or poorly supported petition starts a 2-year clock.
- Most misdemeanors (except listed violent/sexual crimes) — after 5 years
- Burglary of unoccupied dwelling — after 5 years
- Property crime felonies — after 5 years
- Drug trafficking convictions — after 5 years
- Pardoned convictions — eligible for sealing
- DUI convictions — sealing only (not expungement), after 10 years, no serious injury/death
- Enhanced sealing (10+ year sentences): after 10 years, no felony last 7 years, no misdemeanor last 5 years
- All restitution and surcharges paid; no pending charges; interests of justice served
- Convictions for conduct no longer a crime — immediately upon sentence completion
- Marijuana convictions — automatic expungement (S.234, 2016 governor pardons)
- Non-convictions (dismissed, acquitted) — expunged, records destroyed
- Certain motor vehicle violations — automatic sealing (23 V.S.A. § 2303)
- "Listed crimes" — violent and sexual offenses specifically enumerated in § 7601
- Domestic violence misdemeanors that serve as predicate offenses
- Stalking offenses
- Burglary of occupied dwelling (by adult)
- Pending criminal charges
- Unpaid restitution or surcharges
- $90 filing fee per petition
- Fee can be waived if you cannot afford it — ask the court
- If denied, must wait 2 years before refiling
The 5-year clock runs from sentence completion or commencement of a successfully completed indeterminate probation period. For standard sealing, you must not have been convicted of any crime arising from a new incident since your qualifying conviction.
After expungement or sealing in Vermont, you are treated in all respects as if you were never arrested, convicted, or sentenced. All entities must remove the record from publicly accessible databases. You can legally answer "no" to questions about the conviction.
For general information about what changes after expungement — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with the Vermont Judiciary or a licensed attorney before filing.