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 categorize all misdemeanor offenses, with certain exceptions, as eligible for expungement. A new category of "designated felony property offenses" is established, and specific criteria for granting expungement are outlined, including the completion of sentences, absence of new convictions, and payment of restitution. Certain serious offenses, like sexual exploitation of children, are excluded from eligibility. The bill also streamlines the petition process, allowing for stipulations between petitioners and respondents, and grants courts discretion to grant petitions based on the interests of justice.
Additionally, the bill includes provisions for the notification process following the sealing or expungement of records, ensuring relevant state entities are informed. Individuals whose records are sealed or expunged will be treated as if they were never arrested or convicted, with rights to non-disclosure in employment inquiries. It establishes a two-year waiting period for re-filing a denied petition and repeals outdated provisions. The bill expands eligibility for sealing records for individuals aged 18 to 21 who have completed their sentences and creates a special fund for administrative costs. It also mandates the Vermont Criminal Justice Council to develop a statewide model policy for the access and use of sealed records by law enforcement, 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