Bill H.566, introduced by Representative Dolan, proposes a significant change in how post-charge diversion records are handled in both juvenile and adult court systems in Vermont. The bill shifts the process from expunging these records to sealing them upon successful completion of the diversion program. This change aims to provide individuals with a second chance while still maintaining a record that can be accessed under certain conditions. The bill also expands the Adult Diversion Program to include municipal violations, allowing for a broader range of offenses to be addressed through diversion rather than traditional prosecution.
Key amendments in the bill include the replacement of the term "expungement" with "sealing" throughout the relevant sections of the law, which alters the legal framework for how records are treated post-diversion. The court will notify all parties of its intention to seal records after a two-year period following successful completion, provided certain conditions are met, such as no subsequent convictions or outstanding restitution. Additionally, the bill establishes a timeline for the sealing process to take effect starting July 1, 2026, ensuring that individuals who complete diversion programs after this date can benefit from the new sealing provisions.
Statutes affected: As Introduced: 3-163, 3-164