An act relating to sealing criminal history records
Sponsored By: Nader A Hashim (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
19 provisions identified: 10 benefits, 2 costs, 7 mixed.
Automatic clearing of eligible municipal violations
For eligible municipal violations occurring on or after July 1, 2025, expungement is automatic two years after satisfying the judgment. You must have no later municipal violation adjudication during those two years; offenses adopted under state planning law are excluded. The Judicial Bureau must notify the municipality, and the person is treated as never adjudicated. Identifying searches must exclude the case, inquiries return “NO RECORD EXISTS,” and records outside the Bureau's case system must be destroyed. Criminal justice research entities are exempt, but must follow Court Administrator policies and cannot disclose identifying information.
Faster record sealing for young adults
Beginning July 1, 2025, people who committed a qualifying crime at ages 18–21 can seek faster sealing. They can petition 30 days after completing all sentence terms. Restitution and surcharges for any conviction must be paid, except surcharges the court waives. The court must grant relief unless the responding party shows sealing is against the interests of justice. Records containing both qualifying and nonqualifying offenses are not eligible.
Expungement when conduct stops being criminal
The court must grant expungement when the underlying conduct is no longer prohibited by law or treated as a crime. You must first complete your sentence or supervision. Court-ordered restitution and surcharges must be paid in full, except surcharges waived under the law. Expungement cancels the arrest, conviction, and sentence, generally treating you as never arrested or convicted for employment and licensing.
Sealing relief after three or seven years
You can petition to seal a qualifying misdemeanor three years after completing all sentence terms. For a qualifying felony, the wait is seven years, with no new conviction during that period. You must pay court-ordered restitution and surcharges for any conviction, except surcharges the court waives. The court must grant relief unless the party responding to the petition shows sealing is against the interests of justice.
Stronger privacy for sealed criminal records
After receiving a sealing order, record holders other than courts must block public access or remove sealed offenses from public databases. They must label those records “SEALED”; ordinary public criminal-record queries return “NO CRIMINAL RECORD EXISTS.” Beginning July 1, 2025, knowing unauthorized access or disclosure can bring a civil penalty up to $1,000. Each unauthorized disclosure is a separate violation. The law also ends the Vermont Crime Information Center's duty to keep a confidential index of sentences for registration-required sex offenses.
Cases without convictions get sealing instead
Courts must seal listed cases within 60 days after final disposition unless a party objects in the interests of justice. These include dismissals with or without prejudice, acquittals, and cases with no probable-cause determination at arraignment. An objection leads to a hearing. Courts may also grant a petition at any time when sealing serves justice or the parties agree. The law removes the former expungement process for these records, including automatic expungement eight years after sealing.
Drunk-driving sealing excludes commercial license holders
You can petition to seal a qualifying drunk-driving misdemeanor 10 years after completing all sentence terms. Restitution and surcharges for any conviction must be paid, except surcharges the court waives. The court must grant relief unless the responding party shows sealing is against the interests of justice. Commercial driver's license or permit holders cannot use this relief. They also cannot use this postconviction process to seal any misdemeanor or felony committed in a motor vehicle.
More sealing options, fewer expungement options
The law expands which convictions qualify for sealing, but this process no longer allows expungement of qualifying-crime convictions. Most misdemeanors qualify, except listed serious offenses; specified property, drug, and burglary felonies also qualify. Burglary of an occupied home and offenses receiving an unconditional governor's pardon are excluded. Some other burglary convictions qualify only when the person was 25 or younger and carried no dangerous or deadly weapon. A petition must cover a qualifying crime or qualifying crimes from the same incident.
State inquiries must explain nondisclosure rights
When Vermont state entities ask about criminal history, they must explain that you can leave out sealed or expunged records. You and your lawyer can still access and use your own sealed records. Beginning July 1, 2025, the Secretary of Administration must notify state administrative entities about their notice duties. The Court Administrator must also notify the Judicial Branch.
Vehicle record relief reaches back further
Beginning July 1, 2025, the motor vehicle violation expungement rule covers qualifying violations occurring on or after July 1, 2021. This date rule does not itself state additional eligibility requirements.
Victims keep notice and restitution protections
Beginning July 1, 2025, reasonable victim-contact efforts for sealing petitions include first-class mail, phone, and email using last-known contact information. Known victims can give statements before an agreement or to the court, but cannot needlessly delay the petition. Failure to locate a victim after reasonable efforts does not block relief. The Victims Compensation Program can request expense affidavits, with offender identities removed, solely to verify claimed expenses. Sealing does not stop the Restitution Unit from enforcing existing restitution orders like civil judgments.
Police must log sealed record use
Beginning July 1, 2025, the Criminal Justice Council must develop a statewide model policy by December 15, 2025. The policy must define accessible sealed records, including arrest, prosecution, dispatch, and record-system materials. It must require logs of each access or use and comply with state and federal law. Agencies or officers missing the March 15, 2026 adoption deadline are deemed to adopt the model and must enforce it. The Council must publish the policy, adopt compliance rules, and review it periodically.
Sealing fees support record processing costs
Beginning July 1, 2025, the law creates a Criminal History Record Sealing Special Fund. Specified filing fees for petitions to seal drunk-driving records go into the fund. The Office of the Court Administrator administers it with participating state agencies to offset sealing costs. Money left at year-end carries forward. This provision does not set a fee amount or appropriation.
Pending charges and denials delay relief
Courts must pause sealing or expungement petitions while another criminal charge is pending. They cannot act until that charge is resolved. After a petition is denied, you generally must wait at least two years to file another petition. The court can allow an earlier filing.
Sealing leaves wildlife license penalties intact
Sealing a fish and wildlife offense does not remove related license points. It also does not cancel a suspension or revocation caused by those points. You must still complete any required remedial course.
Police employers can inspect sealed records
Law enforcement agencies can inspect and copy sealed records when someone applies to become an officer. They can also inspect and copy a current employee's sealed records during an internal investigation. This supports hiring and workplace investigations, but limits record privacy for those applicants and employees.
Court cases can use sealed records
Record holders and their lawyers can use sealed records in claims arising from the same incident, including reasonably expected litigation. Defendants can use another person's sealed record in their own criminal case. Before sharing, they must warn recipients that unauthorized access or disclosure can bring a civil penalty up to $1,000. People and courts can also cite decisions from later-sealed cases, but must remove information identifying the defendant.
Protective services keep separate investigation records
Child and adult protective services materials from joint police investigations are not criminal history records under this law. The departments can keep and use them under their separate record laws. They can also produce them in response to a court order. This preserves protective-services use, but criminal-record sealing does not cover those departmental materials.
Sealed records remain available for checks
Vermont criminal justice agencies and the Attorney General can use sealed records for criminal justice work. Outside sharing generally requires a court order supported by a petition and affidavit, except agency-to-agency sharing or required evidence disclosures. Recipients must receive notice about penalties for unauthorized access or sharing. Prosecutors, record subjects, and their lawyers must disclose sealed information when evidence-sharing duties require it. Vermont's crime information center and the FBI retain unlimited access for firearm-transfer checks, while researchers can access records under Vermont's research law.
Sponsors & Cosponsors
Sponsor
Nader A Hashim
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Bill Text
As Enacted (ACT 60)Opens in a new window
6/18/2025
As Passed by Both Chambers
6/3/2025
As Passed by Both Chambers (Unofficial)
6/3/2025
House Proposal of Amendment
5/21/2025
House Proposal of Amendment (Unofficial)
5/21/2025
As Passed by the Senate
3/26/2025
As Passed by the Senate (Unofficial)
3/26/2025
As Introduced
1/16/2025
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