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 include all misdemeanor offenses with certain exceptions. The bill establishes a new category for "designated felony property offenses" and outlines the procedures for individuals seeking to expunge or seal their records, emphasizing the need for petitioners to meet specific conditions, including the completion of sentences and payment of restitution. It also allows individuals to file petitions for expungement if they were convicted of offenses that are no longer prohibited by law, with the court required to grant these petitions under certain conditions.
Additionally, the bill enhances the management of sealed criminal records, ensuring that inquiries about sealed records will indicate that no record exists and allowing individuals to use sealed records as a bar to subsequent proceedings for the same offense. It mandates the creation of a special index of sealed cases by the court and outlines the responsibilities of law enforcement agencies regarding sealed records. The bill also includes provisions for the expungement of municipal violation records after two years, with penalties for unauthorized disclosure of sealed records. A statewide model policy governing access to sealed records by law enforcement agencies is to be developed by the Vermont Criminal Justice Council, with the act 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