Apply to Expunge or Seal Your Criminal Records in Vermont
Is your criminal past preventing you from living your best life? Struggling to pass a background check? If so, connect with one of our lawyers to see if your case records might be eligible for expungement or sealing.
What’s the Difference Between Expungement & Sealing?
Both expungement and sealing are legal processes to help people with criminal records move on from their past charges and live their lives to the fullest.
When records are expunged, all records of any arrest, charge or conviction information held by any criminal records database are destroyed. Neither the public, nor law enforcement, can access your record of criminal activity that has been expunged. When an expungement order is granted to you, you can lawfully say that you have never been arrested, charged or convicted of the crime expunged.
In contrast, when case records are sealed, those records can be used by the courts and law enforcement in later cases. The record also remains available for federal background checks. The court will issue the person a certificate stating that its effect is to seal the record of arrest, conviction, and sentence. The court will provide notice of the sealing to the respondent, Vermont Crime Information Center (VCIC), the arresting agency, and any other entity that may have a record related to the order to seal.
In both cases, if expungement or sealing is granted by the courts, case records are no longer available to the public. In any application for employment a person may be required to answer questions about a previous criminal history record only with respect to arrests or convictions that have not been sealed or expunged.
Clients often worry that if a crime is “sealed” it isn’t as good as if it is “expunged.” For most purposes, sealing and expungement have the same impact on criminal history in Vermont. A person whose record is sealed shall be treated in all respects as if he or she had never been arrested, convicted, or sentenced for the offense.
What Charges Are Eligible for Expungement?
The only charges eligible for expungement are convictions for an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense, such as cannabis possession.
In order for a charge to be eligible for expungement (as of July 1, 2025), it must satisfy the following:
- the underlying conduct is no longer prohibited by law or designated as a criminal offense
- The petitioner has completed any sentence or supervision for the offense.
- Any restitution and surcharges ordered by the court have been paid in full.
What Charges Are Eligible for Sealing?
Whereas very few charges qualify for expungement, there are actually many cases in which charges can be eligible for sealing.
Felony Offenses Eligible for Sealing
Statute | Description of offense |
13 V.S.A. § 1201 | Burglary, excluding any burglary into an occupied dwelling |
13 V.S.A. § 1801 | Related to forgery and counterfeiting |
13 V.S.A. § 1802 | Uttering a forged or counterfeited instrument |
13 V.S.A. § 1804 | Counterfeiting paper money |
13 V.S.A. § 1816 | Possession or use of credit card skimming devices and re-encoders |
13 V.S.A. § 2001 | False personation |
13 V.S.A. § 2002 | False pretenses or tokens |
13 V.S.A. § 2029 | Home improvement and land improvement fraud |
13 V.S.A. § 2030 | Identity theft |
13 V.S.A. § 2501 | Grand larceny |
13 V.S.A. § 2531 | Embezzlement |
13 V.S.A. § 2532 | Embezzlement by officer or servant of incorporated bank |
13 V.S.A. § 2533 | Embezzlement by a receiver or trustee |
13 V.S.A. § 2561 | Receiving stolen property |
13 V.S.A. § 2575 | Retail theft |
13 V.S.A. § 2582 | Theft of services |
13 V.S.A. § 2591 | Theft of rented property |
13 V.S.A. § 2592 | Failure to return a rented or leased motor vehicle |
13 V.S.A. § 3016 | False claims |
13 V.S.A. § 3701(a) | Criminal mischief |
13 V.S.A. § 3705 | Trespass |
13 V.S.A. § 3733 | Injury to mills, dams or bridges |
13 V.S.A. § 3761 | Unauthorized removal or human remains |
13 V.S.A. § 3766 | Related to grave markers and ornaments |
13 V.S.A. §§ 4202, 4303, 4304 and 4305 | Computer crimes |
18 V.S.A. § 4223 | Related to fraud or deceit in obtaining a regulated drug |
18 V.S.A. § 4230(a) and (b) | Possession and/or cultivation of marijuana |
18 V.S.A. § 4231(a) and (b) | Possession and/or selling or dispensing of cocaine |
18 V.S.A. § 4232(a) and (b) | Possession and/or selling or dispensing of LSD |
18 V.S.A. § 4233(a) and (b) | Possession and/or selling or dispensing of heroin |
18 V.S.A. § 4233a(a) | Possession and/or selling or dispensing of fentanyl |
18 V.S.A. § 4234(a) and (b) | Possession and/or selling or dispensing of depressant, stimulant and narcotic drugs |
18 V.S.A. § 4234a(a) and (b) | Possession and/or selling or dispensing of methamphetamine |
18 V.S.A. § 4234b(a) | Possession and/or selling or dispensing of ephedrine and pseudoephedrine |
18 V.S.A. § 4235(b) and (c) | Possession and/or selling or dispensing of hallucinogenic drugs |
18 V.S.A. § 4235a(a) | Possession and/or selling or dispensing of ecstasy |
Also, any offense for which a person has been granted an unconditional pardon from the governor. | |
In addition to the above list of felony charges that are eligible for sealing, all misdemeanor charges are also eligible with the exception of the following:
Misdemeanor Offenses NOT Eligible for Sealing:
Statute | Description of offense |
13 V.S.A. § 352(1)-(10) | Cruelty to animals |
13 V.S.A. § 1025 | Reckless endangerment |
13 V.S.A. § 1027 | Disturbing the peace by phone |
13 V.S.A. § 1030 | Violation of abuse prevention order |
13 V.S.A. § 1042 | Domestic assault |
13 V.S.A. § 1062 | Stalking |
13 V.S.A. § 1304(a) | Cruelty to a child |
13 V.S.A. § 1305 | Cruelty by person having custody of another |
13 V.S.A. § 1306 | Mistreatment of persons with impaired cognitive function |
13 V.S.A. § 1376 | Abuse |
13 V.S.A. § 1377 | Abuse by restraint |
13 V.S.A. § 1378 | Neglect |
13 V.S.A. § 1379 | Sexual abuse |
13 V.S.A. § 1380 | Financial exploitation |
13 V.S.A. § 1381 | Exploitation of services |
13 V.S.A. § 1455 | Hate motivated crimes |
13 V.S.A. § 2304 | Manslaughter |
13 V.S.A. § 2601 and § 2602 | Lewd or lascivious conduct & lewd or lascivious conduct with a child |
13 V.S.A. § 2605(b) or (c) | Voyeurism |
13 V.S.A. § 2827 | Possession of child sexual abuse material |
13 V.S.A. § 3151 | Female genital mutilation |
13 V.S.A. § 3258(b) | Sexual exploitation of a minor |
13 V.S.A. § 4058(b)(1) | Violation of an extreme risk protection order |
13 V.S.A. § 5409 | Failure to comply with sex offender registry requirements |
23 V.S.A. § 4 | Any driving offense by a person who is the holder of a commercial driver’s license or permit as defined in this section |
23 V.S.A. § 1091(b) | Grossly negligent operation |
23 V.S.A. § 1201 | Need to wait 10 years after completing sentence to seal DUIs. |
What Conditions Must Be Met to Qualify for Sealing Your Charges?
Qualifying misdemeanor sealing conditions (13 V.S.A. § 7602(c)):
- At least 3 years have elapsed since the date on which the person completed the terms and conditions of the sentence.
- Any restitution and surcharges ordered by the court have been paid in full unless waived
- The State has failed to show that sealing would be contrary to the interests of justice
Qualifying felony sealing conditions (13 V.S.A. § 7602(d)):
- At least 7 years have elapsed since the date on which the person completed the terms and conditions of the sentence.
- Any restitution and surcharges ordered by the court have been paid in full unless waived
- The State has failed to show that sealing would be contrary to the interests of justice
Qualifying DUI misdemeanor sealing conditions (13 V.S.A. § 7602(e)):
- At least 10 years have elapsed since the date on which the person completed the terms and conditions of the sentence
- Any restitution and surcharges ordered by the court have been paid in full unless waived
- The person is not the holder of a commercial driver’s license or commercial driver’s permit
- The State has failed to show that sealing would be contrary to the interests of justice
If 18-21 at the time the person committed the qualifying crime (13 V.S.A. § 7609)
- At least 30 days since the person completed the terms and conditions of the sentence for the qualifying crime.
- Any restitution and surcharges ordered by the court have been paid in full unless waived
- The State has failed to show that sealing would be contrary to the interests of justice
- EXCEPT: A criminal history record that includes both qualifying and nonqualifying offenses shall not be eligible for sealing pursuant to this section.
Note: If a petition is denied by the court, the individual may not petition the court again for at least 2 years unless a shorter duration is authorized by the court. (13 V.S.A. § 7605)
If 25 and under (33 V.S.A. § 5119(g)) conditions:
- 2 years have elapsed since the final discharge of the person
- The person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense for 10 years prior to the application or motion, and no new proceeding is pending seeking such a conviction or adjudication
- The person’s rehabilitation has been attained to the satisfaction of the court
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