The bill amends Chapter 230 of Title 13 of the Vermont Statutes, focusing on the expungement and sealing of criminal history records. It introduces new definitions, such as "criminal justice purposes," and revises the definition of "qualifying crime" to encompass all misdemeanor offenses, with exclusions for serious crimes like sexual exploitation of children and certain felonies. The bill streamlines the expungement process by removing previous conditions, such as mandatory waiting periods after completing a sentence, and emphasizes that expungement must serve the interests of justice. It also establishes a new category for "designated felony property offenses" and outlines the procedures for individuals to petition the court for expungement or sealing of their records.
Additionally, the bill includes provisions for the notification process following the sealing or expungement of records, ensuring relevant state entities are informed. It clarifies that individuals with sealed or expunged records will be treated as if they were never arrested or convicted, with specific conditions for petitioning and penalties for unauthorized access to sealed records. The bill also mandates the Vermont Criminal Justice Council to create a model policy for law enforcement agencies regarding the access and use of sealed records, which must be adopted by March 15, 2026, if agencies do not establish their own. The act is set to take effect on July 1, 2025.
Statutes affected: As Introduced: 13-230, 13-7041, 23-2303
As Passed By the Senate -- Official: 13-230, 13-7041, 23-2303
As Passed By the Senate -- Unofficial: 13-230, 23-2303
As Passed by Both House and Senate -- Official: 13-230, 13-7041, 23-2303
As Passed by Both House and Senate -- Unofficial: 13-230, 23-2303
As Enacted: 13-230, 23-2303