Title 13, Title 13: Crimes and Criminal Procedure

§ 8005. Notice of collateral consequences and eligibility for expungement in pretrial proceeding (a) When an individual receives formal notice that the individual is charged with an offense, the court shall provide either oral or written notice substantially similar to the follow…

§ 8006. Notice of collateral consequences and eligibility for expungement upon release (a) Prior to the completion of a sentence, an individual in the custody of the Commissioner of Corrections shall be given written notice of the following: (1) that collateral consequences may a…

§ 8007. Authorization required for mandatory sanction; ambiguity (a) A mandatory sanction may be imposed only by statute or ordinance or by a rule adopted in the manner provided in 3 V.S.A. §§ 836-844. A law or rule shall impose unambiguously a collateral consequence in order for…

§ 8008. Decision to disqualify In deciding whether to impose a discretionary disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the deci…

§ 8009. Effect of conviction by another state or the United States; relieved or pardoned conviction (a) For purposes of authorizing or imposing a collateral consequence in this State, a conviction of an offense in a court of another state or the United States is deemed a convicti…

§ 8010. Order of limited relief (a) An individual convicted of an offense may petition for an order of limited relief from one or more mandatory sanctions related to employment, education, housing, public benefits, or occupational licensing. The individual seeking an order of rel…

§ 8011. Certificate of restoration of rights (a) An individual convicted of an offense may petition the court for a certificate of restoration of rights relieving mandatory sanctions not sooner than five years after the individual’s most recent conviction of a felony or misdemean…

§ 8012. Discretionary disqualifications and mandatory sanctions not subject to order of limited relief or certificate of restoration of rights (a) An order of limited relief or certificate of restoration of rights may not be issued to relieve the following mandatory sanctions: (1…

§ 8013. Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights (a) When a petition is filed under section 8010 or 8011 of this title, including a petition for enlargement of an existing order of limited relief or certificate of …

§ 8014. Reliance on order or certificate as evidence of due care In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief or a certificate of restoration of rights may be introduced as evidence of a person’s due care in hiring, ret…

§ 8015. Victim’s rights A victim of an offense may participate in a proceeding for issuance of an order of limited relief or a certificate of restoration of rights in the same manner as at a sentencing proceeding pursuant to section 5321 of this title to the extent permitted by r…

§ 8016. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan…

§ 8017. Savings and transitional provisions (a) This chapter applies to collateral consequences whenever enacted or imposed, unless the law creating the collateral consequence expressly states that this chapter does not apply. (b) This chapter does not invalidate the imposition o…