Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                         S.299
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                                       S.299
 Introduced by Senators Brock, Norris, Collamore, Ingalls, Weeks, Westman
                and Williams
 Referred to Committee on
 Date:
 Subject: Crimes and criminal procedure; expungement and sealing of criminal
          history records
 Statement of purpose of bill as introduced: This bill proposes to amend
 existing expungement and sealing laws to create a single process for sealing
 criminal history records. Records would no longer be destroyed, but sealed
 from general public inspection, and certain persons and entities would have
 access to sealed records for specific purposes. This bill also proposes to
 remove the requirement that a requestor of criminal history and conviction
 records provide the date of birth of the individual whose information is being
 sought and require the Vermont Crime Information Center to provide a
 disclaimer that a request based only on an individual’s name may yield other
 individuals with the same name and that it is the requestor’s responsibility to
 verify the information, use it responsibly, and use it in accordance with the
 law.
    An act relating to a single process for sealing criminal history records VT LEG #372839 v.1
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 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 13 V.S.A. chapter 230 is amended to read:
     CHAPTER 230. EXPUNGEMENT AND SEALING OF CRIMINAL
                               HISTORY RECORDS
 § 7601. DEFINITIONS
    As used in this chapter:
       (1) “Court” means the Criminal Division of the Superior Court.
       (2) “Criminal history record” means all information documenting an
 individual’s contact with the criminal justice system, including data regarding
 identification, arrest or citation, arraignment, judicial disposition, custody, and
 supervision.
       (3) “Predicate offense” means a criminal offense that can be used to
 enhance a sentence levied for a later conviction and includes operating a
 vehicle under the influence of alcohol or other substance in violation of
 23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title,
 and stalking in violation of section 1062 of this title. “Predicate offense” shall
 does not include misdemeanor possession of cannabis, a disorderly conduct
 offense under section 1026 of this title, or possession of a controlled substance
 in violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a),
 4234a(a), 4234b(a), 4235(b), or 4235a(a).
       (4) “Qualifying crime” means:
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          (A) a misdemeanor an offense that is not:
              (i) a listed crime as defined in subdivision 5301(7) of this title;
              (ii) an offense involving sexual exploitation of children in
 violation of chapter 64 of this title;
              (iii) an offense involving violation of a protection order in
 violation of section 1030 of this title;
              (iv) prostitution as defined in section 2632 of this title, or
 prohibited conduct under section 2601a of this title; or an offense for which
 transfer from Family Division to the Criminal Division is permitted pursuant to
 33 V.S.A. § 5204;
              (v) offenses related to abandonment or exposure of a baby as
 provided in section 1303 of this title; cruelty to a child as provided in section
 1304 of this title; cruelty by person having custody of another as provided in
 section 1305 of this title; and mistreatment of persons with impaired cognitive
 function as provided in section 1306 of this title;
              (vi) a violation of chapter 28 of this title related to abuse, neglect,
 and exploitation of a vulnerable adult;
              (vii) a violation of 18 V.S.A. § 4231(b)(2), (b)(3), or (c) related to
 selling, dispensing, or trafficking cocaine; 4232(b)(2) or (b)(3) related to
 selling or dispensing LSD; 4233(b)(2), (b)(3), or (c) related to selling,
 dispensing, or trafficking heroin; 4234(b)(2) or (b)(3) related to selling or
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 dispensing depressants, stimulants, and narcotics; 4234a(b)(2), (b)(3), or (c)
 related to selling, dispensing, or trafficking methamphetamine; 4235(c)(2) or
 (c)(3) related to selling or dispensing hallucinogenic drugs; 4235a(b)(2) or
 (b)(3) related to selling or dispensing Ecstasy;
             (viii) a violation of section 352 of this title related to cruelty to
 animals or section 352a related to aggravated cruelty to animals;
             (ix) a violation of section 3 of this title relating to accessory aiding
 commission of felony; section 4 of this title relating to accessory before the
 fact; and section 5 relating to accessory after the fact as these offenses relate to
 a listed crime as defined in section 5301 of this title;
             (x) any offense subject to a hate-motivated crime penalty
 enhancement as provided in section 1455 of this title;
             (xi) a violation of section 502 of this title related to first degree
 arson and section 503 of this title related to second degree arson;
             (xii) a violation of section 1032 of this title related to law
 enforcement use of a chokehold;
             (xiii) a violation of subdivision 1063(1), (2), or (5) of this title
 related to aggravated stalking;
             (xiv) a violation of 1601 of this title related to willful and
 malicious injuries caused by explosives;
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             (xv) a violation of section 2306 of this title related to poisoning
 food, drink, medicine, or water;
             (xvi) a violation of sections 2531–2535 and 2537–2538 of this
 title related to embezzlement;
             (xvii) a violation of section 2635 of this title related to slave
 traffic;
             (xviii) a violation of section 3151 of this title related to female
 genital mutilation;
             (xix) a violation of section 3258 of this title related to sexual
 exploitation of a minor;
             (xx) a violation of section 3259 of this title related to sexual
 exploitation of person under the supervision of the Department of Corrections;
             (xxi) a violation of section 3259 of this title relating to sexual
 exploitation of a person in the custody of a law enforcement officer;
             (xxii) a violation of subdivision 4058(b)(1) of this title related to
 violation of an extreme risk protection order;
             (xxiii) a violation of 18 V.S.A. § 4250 relating to selling or
 dispensing a regulated drug with death resulting;
             (xxiv) a violation of section 3502 or 3503 of this title related to
 weapons of mass destruction;
             (xxv) a violation of 3251 of this title related to domestic terrorism;
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               (xxvi) an offense subject to habitual criminal enhancement penalty
 enhancement as provided in section 11 of this title; or
               (v)(xxvii) a predicate offense; or
            (B) a violation of subsection 3701(a) of this title related to criminal
 mischief ;
            (C) a violation of section 2501 of this title related to grand larceny;
            (D) a violation of section 1201 of this title related to burglary,
 excluding any burglary into an occupied dwelling, as defined in subdivision
 1201(b)(2) of this title;
            (E) a violation of 18 V.S.A. § 4223 related to fraud or deceit;
            (F) a violation of section 1802 of this title related to uttering a forged
 or counterfeited instrument;
            (G) a violation of 18 V.S.A. § 4230(a) related to possession and
 cultivation of cannabis;
            (H) a violation of 18 V.S.A. § 4231(a) related to possession of
 cocaine;
            (I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD;
            (J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin;
            (K) a violation of 18 V.S.A. § 4234(a) related to possession of
 depressant, stimulant, and narcotic drugs;
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          (L) a violation of 18 V.S.A. § 4234a(a) related to possession of
 methamphetamine;
          (M) a violation of 18 V.S.A. § 4234b(a) related to possession of
 ephedrine and pseudoephedrine;
          (N) a violation of 18 V.S.A. § 4235(b) related to possession of
 hallucinogenic drugs;
          (O) a violation of 18 V.S.A. § 4235a(a) related to possession of
 ecstasy; or
          (P) any offense for which a person has been granted an unconditional
 pardon from the Governor.
 § 7602. EXPUNGEMENT AND SEALING OF RECORD,
          POSTCONVICTION; PROCEDURE PETITION TO SEAL
          RECORD
    (a)(1) A person may file a petition with the court requesting expungement
 or sealing of the a criminal history record related to the a conviction if:
          (A) the person was convicted of a qualifying crime or qualifying
 crimes arising out of the same incident or occurrence; or
          (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) or VT LEG #372839 v.1
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 § 1091 related to operating under the influence of alcohol or other substance,
 excluding a violation of those sections 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 Whichever office prosecuted the offense resulting in the
 conviction, the State’s Attorney or Attorney General, shall be the respondent in
 the matter unless the prosecuting office authorizes the other to act as the
 respondent.
       (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 Prior to filing a petition with the court, the petitioner shall contact
 the respondent to determine whether the respondent stipulates that the
 conditions in subsection (b) of this section have been met or that granting the VT LEG #372839 v.1
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 petition otherwise serves the interests of justice and shall provide the
 respondent with a current criminal history record. If the respondent stipulates
 that the conditions have been met or that granting the petition otherwise serves
 the interests of justice, the respondent shall file the petition with the court. If
 the respondent does not stipulate, the petitioner may file the petition that
 discloses the fact that the respondent did not stipulate that the conditions have
 been met or that granting the petition otherwise serves the interests of justice
 and shall provide the court with a current criminal history record. If no
 stipulation is filed with the petition, the court shall hold a hearing on the
 petition. If a stipulation is filed with the petition, the court may, but is not
 required to, hold a hearing on the petition.
       (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 sealed if the following
 conditions are met:
          (A)(1) At least five three 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 VT LEG #372839 v.1
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 conditions of an indeterminate term of probation that commenced at least five
 three years previously.
          (B)(2) The person has not been arrested for, charged with, or
 convicted of a crime arising out of a new incident or occurrence since the
 person was convicted for the qualifying crime in the six years preceding the
 filing of the petition.
       (3) The person has not been arrested for, charged with, or convicted of a
 crime arising out of a new incident or occurrence while the petition was
 pending before the court.
          (C)(4) Any restitution and surcharges ordered by the court have been
 paid in full, provided that payment of surcharges shall not be required if the
 surcharges have been waived by the court pursuant to section 7282 of this title.
          (D)(5) 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 VT LEG #372839 v.1
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          (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 and surcharges ordered by the court for any crime
 of which the person has been convicted has been paid in full, provided that
 payment of surcharges shall not be required if the surcharges have been waived
 by the court pursuant to section 7282 of this title.
          (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 VT LEG #372839 v.1
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 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 se