Vermont DUI Sealing Changes

Published by Jessica Burke on

The Vermont law surrounding DUI expungements is changing. Historically, DUIs in Vermont were only eligible for sealing if the defendant was under age 21 when he or she committed the offense. That’s counterintuitive, right? In Vermont, the only way to get your DUI off of your record was to request sealing of the DUI if you got a DUI before you were legally allowed to drink. Strange, isn’t it’?

As of October 1, 2019, the law changed. Now there are certain circumstances in which you can seal a Vermont DUI conviction. H.460 was signed into law by Governor Phil Scott in May 2019 and is effective October 1, 2019.

So how do I know if my Vermont DUI conviction is eligible for sealing under the new statute?

A Vermont DUI conviction may be eligible for sealing under the new statute if you were convicted at least ten years ago (or completed your sentence including any required probation at least ten years ago) AND you have not been charged with any other crimes since you were convicted of DUI. Only first offense DUI convictions are eligible.

I got a DUI in Vermont in 2015, but I was under 21 at the time of the offense. Could I still be eligible to have the DUI sealed?

Yes. You may be eligible because you were under 21 at the time of the offense.

My DUI in Vermont was dismissed in 2017. Could I be eligible to have the charge of DUI sealed or expunged from my record?

Yes. Dismissed DUI charges may be eligible for sealing or expungement.

What should I do if I think my Vermont DUI is eligible for sealing or expungement?

Contact Burke Law for a free consultation. The attorneys at Burke Law can help you through the process or you may elect to file on your own with the Vermont Superior Court in the county that your DUI was charged in.

Jessica Burke

Jessica Burke is a licensed Vermont attorney and the founder of Burke Law. She obtained her undergraduate degree from Boston College in Political Science, and then received her law degree from Washington & Lee Law School. After law school she worked with several top law firms before settling in Vermont and building her own practice. In addition to being licensed to practice law in the state of Vermont, she also holds a State Bar certification in New Hampshire and Massachusetts, among others. She specializes in criminal defense, including DUI defense, homicides, and sex crimes.

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