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1 H.762
2 Introduced by Representatives Goslant of Northfield, Oliver of Sheldon,
3 Bartley of Fairfax, Beck of St. Johnsbury, Branagan of Georgia,
4 Burditt of West Rutland, Clifford of Rutland City, Demar of
5 Enosburgh, Graham of Williamstown, Hango of Berkshire,
6 Harrison of Chittenden, Labor of Morgan, Maguire of Rutland
7 City, McFaun of Barre Town, Morgan of Milton, Morrissey of
8 Bennington, Page of Newport City, Peterson of Clarendon,
9 Shaw of Pittsford, Smith of Derby, Walker of Swanton, and
10 Williams of Barre City
11 Referred to Committee on
12 Date:
13 Subject: Crimes and criminal procedure; expungement and sealing of criminal
14 history records
15 Statement of purpose of bill as introduced: This bill proposes to amend
16 existing expungement and sealing laws to create a single process for sealing
17 criminal history records. Records would no longer be destroyed, but sealed
18 from general public inspection, and certain persons and entities would have
19 access to sealed records for specific purposes. This bill also proposes to
20 remove the requirement that a requestor of criminal history and conviction
21 records provide the date of birth of the individual whose information is being VT LEG #373079 v.1
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1 sought and require the Vermont Crime Information Center to provide a
2 disclaimer that a request based only on an individual’s name may yield other
3 individuals with the same name and that it is the requestor’s responsibility to
4 verify the information, use it responsibly, and use it in accordance with the
5 law.
6 An act relating to a single process for sealing criminal history records
7 It is hereby enacted by the General Assembly of the State of Vermont:
8 Sec. 1. 13 V.S.A. chapter 230 is amended to read:
9 CHAPTER 230. EXPUNGEMENT AND SEALING OF CRIMINAL
10 HISTORY RECORDS
11 § 7601. DEFINITIONS
12 As used in this chapter:
13 (1) “Court” means the Criminal Division of the Superior Court.
14 (2) “Criminal history record” means all information documenting an
15 individual’s contact with the criminal justice system, including data regarding
16 identification, arrest or citation, arraignment, judicial disposition, custody, and
17 supervision.
18 (3) “Predicate offense” means a criminal offense that can be used to
19 enhance a sentence levied for a later conviction and includes operating a
20 vehicle under the influence of alcohol or other substance in violation of
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1 23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title,
2 and stalking in violation of section 1062 of this title. “Predicate offense” shall
3 does not include misdemeanor possession of cannabis, a disorderly conduct
4 offense under section 1026 of this title, or possession of a controlled substance
5 in violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a),
6 4234a(a), 4234b(a), 4235(b), or 4235a(a).
7 (4) “Qualifying crime” means:
8 (A) a misdemeanor an offense that is not:
9 (i) a listed crime as defined in subdivision 5301(7) of this title;
10 (ii) an offense involving sexual exploitation of children in
11 violation of chapter 64 of this title;
12 (iii) an offense involving violation of a protection order in
13 violation of section 1030 of this title;
14 (iv) prostitution as defined in section 2632 of this title, or
15 prohibited conduct under section 2601a of this title; or an offense for which
16 transfer from Family Division to the Criminal Division is permitted pursuant to
17 33 V.S.A. § 5204;
18 (v) offenses related to abandonment or exposure of a baby as
19 provided in section 1303 of this title; cruelty to a child as provided in section
20 1304 of this title; cruelty by person having custody of another as provided in
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1 section 1305 of this title; and mistreatment of persons with impaired cognitive
2 function as provided in section 1306 of this title;
3 (vi) a violation of chapter 28 of this title related to abuse, neglect,
4 and exploitation of a vulnerable adult;
5 (vii) a violation of 18 V.S.A. § 4231(b)(2), (b)(3), or (c) related to
6 selling, dispensing, or trafficking cocaine; 4232(b)(2) or (b)(3) related to
7 selling or dispensing LSD; 4233(b)(2), (b)(3), or (c) related to selling,
8 dispensing, or trafficking heroin; 4234(b)(2) or (b)(3) related to selling or
9 dispensing depressants, stimulants, and narcotics; 4234a(b)(2), (b)(3), or (c)
10 related to selling, dispensing, or trafficking methamphetamine; 4235(c)(2) or
11 (c)(3) related to selling or dispensing hallucinogenic drugs; 4235a(b)(2) or
12 (b)(3) related to selling or dispensing Ecstasy;
13 (viii) a violation of section 352 of this title related to cruelty to
14 animals or section 352a related to aggravated cruelty to animals;
15 (ix) a violation of section 3 of this title relating to accessory aiding
16 commission of felony; section 4 of this title relating to accessory before the
17 fact; and section 5 relating to accessory after the fact as these offenses relate to
18 a listed crime as defined in section 5301 of this title;
19 (x) any offense subject to a hate-motivated crime penalty
20 enhancement as provided in section 1455 of this title;
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1 (xi) a violation of section 502 of this title related to first degree
2 arson and section 503 of this title related to second degree arson;
3 (xii) a violation of section 1032 of this title related to law
4 enforcement use of a chokehold;
5 (xiii) a violation of subdivisions 1063(1), (2), or (5) of this title
6 related to aggravated stalking;
7 (xiv) a violation of 1601 of this title related to willful and
8 malicious injuries caused by explosives;
9 (xv) a violation of section 2306 of this title related to poisoning
10 food, drink, medicine, or water;
11 (xvi) a violation of sections 2531–2535 and 2537–2538 of this
12 title related to embezzlement;
13 (xvii) a violation of section 2635 of this title related to slave
14 traffic;
15 (xviii) a violation of section 3151 of this title related to female
16 genital mutilation;
17 (xix) a violation of section 3258 of this title related to sexual
18 exploitation of a minor;
19 (xx) a violation of section 3259 of this title related to sexual
20 exploitation of person under the supervision of the Department of Corrections;
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1 (xxi) a violation of section 3259 of this title relating to sexual
2 exploitation of a person in the custody of a law enforcement officer;
3 (xxii) a violation of subdivision 4058(b)(1) of this title related to
4 violation of an extreme risk protection order;
5 (xxiii) a violation of 18 V.S.A. § 4250 relating to selling or
6 dispensing a regulated drug with death resulting;
7 (xxiv) a violation of section 3502 or 3503 of this title related to
8 weapons of mass destruction;
9 (xxv) a violation of 3251 of this title related to domestic terrorism;
10 (xxvi) an offense subject to habitual criminal enhancement penalty
11 enhancement as provided in section 11 of this title; or
12 (v)(xxvii) a predicate offense; or
13 (B) a violation of subsection 3701(a) of this title related to criminal
14 mischief ;
15 (C) a violation of section 2501 of this title related to grand larceny;
16 (D) a violation of section 1201 of this title related to burglary,
17 excluding any burglary into an occupied dwelling, as defined in subdivision
18 1201(b)(2) of this title;
19 (E) a violation of 18 V.S.A. § 4223 related to fraud or deceit;
20 (F) a violation of section 1802 of this title related to uttering a forged
21 or counterfeited instrument;
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1 (G) a violation of 18 V.S.A. § 4230(a) related to possession and
2 cultivation of cannabis;
3 (H) a violation of 18 V.S.A. § 4231(a) related to possession of
4 cocaine;
5 (I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD;
6 (J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin;
7 (K) a violation of 18 V.S.A. § 4234(a) related to possession of
8 depressant, stimulant, and narcotic drugs;
9 (L) a violation of 18 V.S.A. § 4234a(a) related to possession of
10 methamphetamine;
11 (M) a violation of 18 V.S.A. § 4234b(a) related to possession of
12 ephedrine and pseudoephedrine;
13 (N) a violation of 18 V.S.A. § 4235(b) related to possession of
14 hallucinogenic drugs;
15 (O) a violation of 18 V.S.A. § 4235a(a) related to possession of
16 ecstasy; or
17 (P) any offense for which a person has been granted an unconditional
18 pardon from the Governor.
19 § 7602. EXPUNGEMENT AND SEALING OF RECORD,
20 POSTCONVICTION; PROCEDURE PETITION TO SEAL
21 RECORD
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1 (a)(1) A person may file a petition with the court requesting expungement
2 or sealing of the a criminal history record related to the a conviction if:
3 (A) the person was convicted of a qualifying crime or qualifying
4 crimes arising out of the same incident or occurrence; or
5 (B) the person was convicted of an offense for which the underlying
6 conduct is no longer prohibited by law or designated as a criminal offense;
7 (C) pursuant to the conditions set forth in subsection (g) of this
8 section, the person was convicted of a violation of 23 V.S.A. § 1201(a) or
9 § 1091 related to operating under the influence of alcohol or other substance,
10 excluding a violation of those sections resulting in serious bodily injury or
11 death to any person other than the operator, or related to operating a school bus
12 with a blood alcohol concentration of 0.02 or more or operating a commercial
13 vehicle with a blood alcohol concentration of 0.04 or more; or
14 (D) pursuant to the conditions set forth in subsection (h) of this
15 section, the person was convicted under 1201(c)(3)(A) of a violation of
16 subdivision 1201(a) of this title related to burglary when the person was 25
17 years of age or younger, and the person did not carry a dangerous or deadly
18 weapon during commission of the offense.
19 (2) The Whichever office prosecuted the offense resulting in the
20 conviction, the State’s Attorney or Attorney General, shall be the respondent in
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1 the matter unless the prosecuting office authorizes the other to act as the
2 respondent.
3 (3) The court shall grant the petition without hearing if the petitioner
4 and the respondent stipulate to the granting of the petition. The respondent
5 shall file the stipulation with the court, and the court shall issue the petitioner
6 an order of expungement and provide notice of the order in accordance with
7 this section Prior to filing a petition with the court, the petitioner shall contact
8 the respondent to determine whether the respondent stipulates that the
9 conditions in subsection (b) of this section have been met or that granting the
10 petition otherwise serves the interests of justice and shall provide the
11 respondent with a current criminal history record. If the respondent stipulates
12 that the conditions have been met or that granting the petition otherwise serves
13 the interests of justice, the respondent shall file the petition with the court. If
14 the respondent does not stipulate, the petitioner may file the petition that
15 discloses the fact that the respondent did not stipulate that the conditions have
16 been met or that granting the petition otherwise serves the interests of justice
17 and shall provide the court with a current criminal history record. If no
18 stipulation is filed with the petition, the court shall hold a hearing on the
19 petition. If a stipulation is filed with the petition, the court may, but is not
20 required to, hold a hearing on the petition.
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1 (4) This section shall not apply to an individual licensed as a
2 commercial driver pursuant to 23 V.S.A. chapter 39 seeking to seal or expunge
3 a record of a conviction for a felony offense committed in a motor vehicle as
4 defined in 23 V.S.A. § 4.
5 (b)(1) The court shall grant the petition and order that the criminal history
6 record be expunged pursuant to section 7606 of this title sealed if the following
7 conditions are met:
8 (A)(1) At least five three years have elapsed since the date on which
9 the person successfully completed the terms and conditions of the sentence for
10 the conviction, or if the person has successfully completed the terms and
11 conditions of an indeterminate term of probation that commenced at least five
12 three years previously.
13 (B)(2) The person has not been arrested for, charged with, or
14 convicted of a crime arising out of a new incident or occurrence since the
15 person was convicted for the qualifying crime in the six years preceding the
16 filing of the petition.
17 (3) The person has not been arrested for, charged with, or convicted of a
18 crime arising out of a new incident or occurrence while the petition was
19 pending before the court.
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1 (C)(4) Any restitution and surcharges ordered by the court have been
2 paid in full, provided that payment of surcharges shall not be required if the
3 surcharges have been waived by the court pursuant to section 7282 of this title.
4 (D)(5) The court finds that expungement of the criminal history
5 record serves the interests of justice.
6 (2) The court shall grant the petition and order that all or part of the
7 criminal history record be sealed pursuant to section 7607 of this title if the
8 conditions of subdivisions (1)(A), (B), and (C) of this subsection are met and
9 the court finds that:
10 (A) sealing the criminal history record better serves the interests of
11 justice than expungement; and
12 (B) the person committed the qualifying crime after reaching 19
13 years of age.
14 (c)(1) The court shall grant the petition and order that the criminal history
15 record be expunged pursuant to section 7606 of this title if the following
16 conditions are met:
17 (A) At least 10 years have elapsed since the date on which the person
18 successfully completed the terms and conditions of the sentence for the
19 conviction.
20 (B) The person has not been convicted of a felony arising out of a
21 new incident or occurrence in the last seven years.
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1 (C) The person has not been convicted