Vermont Domestic Assault Sealing

Domestic Assault Is Permanently Excluded

Under Act 60 and the offense exclusion provisions in 13 V.S.A. § 7601, domestic assault convictions are categorically barred from record sealing in Vermont. No waiting period, no rehabilitation evidence, and no amount of time can make a domestic assault conviction eligible for the standard sealing process.

This exclusion applies regardless of the severity of the offense, whether it was charged as a misdemeanor or a felony, and whether the sentence has been fully completed with all restitution paid. The Vermont Legislature explicitly identified domestic assault as one of several offense categories that cannot be sealed, alongside stalking, violations of abuse prevention orders, sexual offenses, hate crimes, and crimes against children.

The rationale is rooted in Act 60's broader design philosophy. When Vermont shifted from expungement to universal sealing for most offenses, the state preserved law enforcement's ability to access sealed records for future investigations and sentencing enhancements. But for domestic assault specifically, the Legislature went further — it excluded these offenses from sealing entirely, ensuring they remain visible in public databases. The intent is to protect future domestic partners, law enforcement officers responding to domestic calls, and courts evaluating bail and protective order requests.

What This Means Practically

If you have a domestic assault conviction on your Vermont record, it will generally remain available on standard criminal background checks unless another form of relief — such as a pardon followed by expungement — applies. Employers, landlords, and licensing boards may see it. Vermont's Ban the Box law (21 V.S.A. § 495j(a)) prevents employers from asking about criminal history on initial job applications, which delays disclosure — but it doesn't prevent the conviction from appearing once a background check is run later in the hiring process.

This also means the conviction counts as a predicate offense if you're ever charged with a subsequent domestic violence-related crime. Vermont law allows for enhanced penalties on subsequent domestic offenses, and the permanently visible record ensures prosecutors and courts have access to the prior conviction.

The Only Alternative: A Governor's Pardon

For offenses that are permanently excluded from sealing, there is exactly one path to record relief in Vermont: an executive pardon from the governor.

Under 13 V.S.A. § 7601(4)(P), a person who receives an unconditional pardon from the governor becomes eligible to petition the court for expungement of the pardoned conviction. If the court grants the petition, the record is physically destroyed — not just sealed, but eliminated.

This is an extremely narrow path. Vermont governors grant pardons rarely, the process is entirely discretionary, and the application requires extensive documentation: certified court records, proof of sentence completion, at least four letters of recommendation, evidence of sustained rehabilitation, and compliance with all civil obligations (taxes, child support).

Whether a pardon is realistic depends heavily on the specific circumstances of your case: how long ago the conviction occurred, your conduct since, the severity of the offense, and whether the victim has a position on the request. Consulting with a criminal defense attorney about the pardon process — and whether your circumstances warrant the effort of applying — is the practical first step.

For more on the pardon process, see Vermont Pardon and Clemency.

Related Offenses That Are Also Excluded

Domestic assault isn't the only offense permanently barred from sealing. The full exclusion list under Act 60 includes:

• Stalking (13 V.S.A. § 1062)
• Violation of abuse prevention orders (13 V.S.A. § 1030)
• Sexual offenses (including sexual assault, lewd conduct, and sexual exploitation)
• Hate crimes (13 V.S.A. § 1455)
• Crimes against children (including child sexual exploitation)
• Prohibited conduct involving a child or vulnerable adult
• Abuse, neglect, or exploitation of a vulnerable adult

If your record includes any of these offenses alongside a domestic assault conviction, none of them are sealable through the standard process. A pardon is the only option for each excluded offense.

If Your Case Was Dismissed

If you were charged with domestic assault but the case was dismissed, acquitted, or resulted in a finding of no probable cause, you're in a different situation entirely. Non-conviction records — regardless of the underlying charge — qualify for automatic sealing under 13 V.S.A. § 7603 within 60 days of the final disposition, unless either party objects in the interests of justice. The exclusion applies only to convictions, not to charges that didn't result in a guilty finding.

If you were diverted through a domestic violence intervention program and the charge was dismissed upon completion, the dismissal record should be automatically sealed. Verify with the court clerk in the county where the case was heard that the sealing was actually processed.

The Vermont Expungement & Record Sealing Guide includes an eligibility decision tree that flags excluded offenses early in the process, so you don't spend time preparing a petition for a conviction that can't be sealed. For convictions that are eligible, the guide walks through the complete filing process from restitution clearance through post-order enforcement.

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