Title 13, Title 13: Crimes and Criminal Procedure

§ 7555a. Legislative findings The General Assembly finds: (1) During the 1991-2 and the 1993-4 sessions, the General Assembly adopted Proposal 7, which proposed to amend section 40 of Chapter II of the Vermont Constitution to allow a judge to order a person charged with a felony …

§ 7556. Appeal from conditions of release (a) A person who is detained, or whose release on a condition requiring him or her to return to custody after specified hours is continued, after review of his or her application pursuant to subsection 7554(d) or (e) of this title by a ju…

§ 7557. Bail upon postponement of trial When a District or Superior court postpones the trial of a criminal case or the examination of a person charged with a criminal offense, the court may impose the least restrictive conditions or combination of conditions permitted under subd…

§ 7559. Violations of conditions of release; failure to appear; warrantless arrest (a) The State’s Attorney may commence a prosecution for criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure against a person who violates a condition of release imposed under…

§ 7559a. Release; designation (a) The officer in charge of a facility under the control of the department of corrections shall discharge any person held by the officer upon receipt of an order for release issued by a judicial officer pursuant to section 7554 of this title, accomp…

§ 7560a. Failure to appear; forfeiture of bond; proceedings (a) If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required: (1) The court may: (A) issue a warrant for the arrest of the person; and (B) upon hea…

§ 7562. Relief of bail—warrant to arrest and commit If a surety or a person who has posted bail wishes to surrender the principal in discharge of the person’s obligations under the bond or bail agreement, the person may apply in writing to a judicial officer, as defined in subsec…

§ 7563. Execution of warrant; expenses (a) On receipt of a warrant issued under section 7562 of this title with respect to a person charged with a criminal offense, and tender of fees provided for by law, an officer shall apprehend and detain the defendant, and leave with the off…

§ 7564. Fees Fees for the arrest and detention shall be the same as for the service of other process. If there is dispute about the amount of fees, it shall be submitted to the court which issued the warrant, and its decision shall be final. (Amended 2001, No. 124 (Adj. Sess.), §…

§ 7570. Power of court to return forfeited security A surety may file a motion requesting the return of forfeited bail, bond or any other security at any time after the order of forfeiture is entered. The court shall set the motion for hearing and provide notice thereof to the su…

§ 7573. Peace bonds The Criminal Division of the Superior Court may order a person who is arrested for a criminal offense to find sureties that he or she will keep the peace, when it is necessary, and may order the person detained until he or she complies. The Court Administrator…

§ 7574. Release in cases after conviction Upon an adjudication of guilt, the trial judge shall review the terms and conditions of release and may terminate them or may continue or alter them pending sentence or pending notice of appeal or the expiration of the time allowed for fi…

§ 7575. Revocation of the right to bail The right to bail may be revoked entirely if the judicial officer finds that the accused has: (1) intimidated or harassed a victim, potential witness, juror, or judicial officer in violation of a condition of release; or (2) repeatedly viol…

§ 7576. Definitions As used in this chapter: (1) “Appearance bond” means a written agreement that allows a person charged with a criminal offense to be released if the person pledges to pay the court a specified amount in the event the person fails to appear at a court proceeding…

§ 7601. Definitions As used in this chapter: (1) “Court” means the Criminal Division of the Superior Court. (2) “Criminal history record” means all information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest or…

§ 7602. Expungement and sealing of record, postconviction; procedure (a) Petition. (1) A person may file a petition with the court requesting expungement of a criminal history record related to a conviction if the person was convicted of an offense for which the underlying conduc…

§ 7603. Sealing of record, no conviction; procedure (a) Unless either party objects in the interests of justice, the court shall issue an order sealing the criminal history record related to the citation or arrest of a person: (1) within 60 days after the final disposition of the…

§ 7604. New charge If a person has a criminal charge pending at the time the petition for sealing or expungement is before the court, the court shall not act on the petition until disposition of the new charge. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2025, No. 60, § 1, ef…

§ 7605. Denial of petition If a petition for expungement or sealing is denied by the court pursuant to this chapter, no further petition shall be brought for at least two years, unless a shorter duration is authorized by the court. (Added 2011, No. 131 (Adj. Sess.), § 1; amended …

§ 7606. Effect of expungement (a) Order and notice. Upon finding that the requirements for expungement have been met, the court shall issue an order that shall include provisions that its effect is to annul the record of the arrest, conviction, and sentence and that such person s…

§ 7607. Effect of sealing (a) Order and notice. Upon entry of an order to seal, the court shall send a copy of any order sealing a criminal history record to all of the parties and attorneys representing the parties, including to the prosecuting agency that prosecuted the offense…

§ 7608. Victims (a) At the time a petition is filed pursuant to this chapter, the respondent shall give notice of the petition to any victim of the offense who is known to the respondent. The victim shall have the right to offer the respondent a statement prior to any stipulation…

§ 7609. Sealing criminal history records of a person 18–21 years of age (a) Petition . (1) Notwithstanding any other provision of law, a person who was 18–21 years of age at the time the person committed a qualifying crime may file a petition with the court requesting sealing of …

§ 7610. Criminal History Record Sealing Special Fund There is established the Criminal History Record Sealing Special Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Fees collected pursuant to 32 V.S.A. § 1431(e) for the filing of a petition to …

§ 7611. Unauthorized disclosure A person who knowingly accesses or discloses sealed criminal history record information without authorization shall be assessed a civil penalty of not more than $1,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (A…

§ 8001. Short title This chapter may be cited as the Uniform Collateral Consequences of Conviction Act. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)

§ 8002. Definitions As used in this chapter: (1) “Collateral consequence” means a mandatory sanction or a discretionary disqualification. (2) “Conviction” includes an adjudication for delinquency for purposes of this chapter only, unless otherwise specified. “Convicted” has a cor…

§ 8003. Limitation on scope (a) This chapter does not provide a basis for: (1) invalidating a plea, conviction, or sentence; (2) a cause of action for money damages; (3) a claim for relief from or defense to the application of a collateral consequence based on a failure to comply…

§ 8004. Identification, collection, and publication of laws regarding collateral consequences (a)(1) The Attorney General shall: (A) identify or cause to be identified any provision in this State’s Constitution, statutes, and administrative rules which imposes a mandatory sanctio…

§ 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…

§ 8101. Definitions As used in this chapter: (1) “Adverse result” means: (A) danger to the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) serious jeopardy to an …

§ 8102. Limitations on compelled production of electronic information (a) Except as provided in this section, a law enforcement officer shall not compel the production of or access to protected user information from a service provider. (b) A law enforcement officer may compel the…

§ 8103. Notice to user or subscriber (a) Except as otherwise provided in this section, a law enforcement officer who executes a warrant or obtains electronic information in an emergency pursuant to subdivision 8102(b)(4) of this section shall serve upon, or deliver to by register…

§ 8104. Exclusive remedies for a violation of this chapter (a) A defendant in a trial, hearing, or proceeding may move to suppress electronic information obtained or retained in violation of the U.S. Constitution, the Vermont Constitution, or this chapter. (b) A defendant in a tr…