On expungement and sealing of record, postconviction; procedure, the Vermont text is Vt. Stat. Ann. tit. 13, § 7602. The statute says: “A person may file a petition with the court requesting expungement of a criminal history record related to a conviction if the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.”
The petition and the sections next to it
Read Vt. Stat. Ann. tit. 13, § 7609 when the issue is sealing criminal history records of a person 18. The same section also deals with 21 years of age. The statute says: “. (1) Notwithstanding any other provision of law, a person who was 18–21 years of age at the time the person committed a qualifying crime may file a petition with the court requesting sealing of the criminal history record related to the qualifying crime after 30 days have…”
Vt. Stat. Ann. tit. 13, § 7603 deals with sealing of record, no conviction; procedure. The statute says: “court shall issue an order sealing the criminal history record related to the citation or arrest of a person: (1) within 60 days after the final disposition of the case if: (A) the court does not make a determination of probable cause at the time of arraignment; (B) the charge…”
Vermont uses Vt. Stat. Ann. tit. 33, § 4916c for petition for expungement from the Registry. Read those subsections before you draft. The title is only the outline.
Read Vt. Stat. Ann. tit. 13, § 7605 when the issue is denial of petition If a petition for expungement. The statute says: “Sess.), § 1; amended 2017, No. 57, § 5; 2025, No. 60, § 1…”
What an order changes
Vt. Stat. Ann. tit. 13, § 7606 deals with what the order does. Read it for what a granted order changes. The statute says: “Upon finding that the requirements for expungement have been met, the court shall issue an order that shall include provisions that its effect is to annul the record of the arrest, conviction, and sentence and that such person shall be treated in all respects as if the person…”
Appellate readings
State of Vermont v. Frank P. Motchnik, 149 Vt. 113 (1987) is worth reading in full. The opinion puts it this way: “We agree that “courts have recognized that they possess inherent power to order the expunction of arrest records.”
State of Vermont v. Stephen Barrette, 153 Vt. 476 (1990) is worth reading in full. The opinion puts it this way: “Defendant also stresses the easier path to record expunction after a trial in juvenile court.”
State v. Clayton Turner, 254 A.3d 204 (2021) is worth reading in full. The opinion puts it this way: “The Court held that the phrase “no longer prohibited by law or designated as a criminal offense” is conjunctive; both conditions must be met, so expungement was unavailable.”
A practical sequence
- Open Vt. Stat. Ann. tit. 13, § 7602 and read the part on expungement and sealing of record, postconviction; procedure. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Vermont county uses, then check the form against Vt. Stat. Ann. tit. 13, § 7602.
- If the court grants the petition, Vt. Stat. Ann. tit. 13, § 7606 is what the order actually changes.
- Then read State of Vermont v. Frank P. Motchnik, 149 Vt. 113 (1987). That is a Vermont court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Vermont?
Vermont uses Vt. Stat. Ann. tit. 13, § 7602 for expungement and sealing of record, postconviction; procedure. The statute says: “A person may file a petition with the court requesting expungement of a criminal history record related to a conviction if the person was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense.”
What does a granted Vermont order change?
On what the order does, the Vermont text is Vt. Stat. Ann. tit. 13, § 7606. Read it for what a granted order changes. The statute says: “Upon finding that the requirements for expungement have been met, the court shall issue an order that shall include provisions that its effect is to annul the record of the arrest, conviction, and sentence and that such person shall be treated in all respects as if the person…”
How have Vermont courts ruled on expungement and sealing?
State of Vermont v. Frank P. Motchnik, 149 Vt. 113 (1987) “We agree that “courts have recognized that they possess inherent power to order the expunction of arrest records.”
Read Vt. Stat. Ann. tit. 13, § 7602 in full before you file. A quotation on this page is a starting point, not the whole section.