Vermont DUI Expungement

DUI Sealing, Not Expungement

Vermont no longer offers expungement for DUI convictions. Since Act 60 took effect on July 1, 2025, true expungement — the physical destruction of your records — is limited to offenses involving conduct the state has decriminalized. DUI hasn't been decriminalized, so the available remedy is sealing.

Sealing removes the DUI from public court databases and standard background checks. You can legally answer "no" when asked about criminal history on job and housing applications. The record still exists in a confidential file accessible to law enforcement and courts, which means it could be used for sentencing enhancement if you're convicted of a future offense — but as far as employers, landlords, and the general public are concerned, it's gone.

The Eligibility Requirements

Not every DUI conviction qualifies. Vermont law under 13 V.S.A. § 7602(e) sets strict conditions:

First offense only. Only a single misdemeanor conviction for operating under the influence under 23 V.S.A. § 1201(a) is eligible. A second or subsequent DUI conviction cannot be sealed, period.

10-year waiting period. You must wait ten full years from the date you completed your entire sentence, including any probation, community service, or treatment program. If you finished your sentence (including probation) on March 15, 2016, you became eligible on March 15, 2026.

No subsequent criminal convictions. Any new criminal conviction during the 10-year waiting period disqualifies you. This includes convictions in other states — it's not limited to Vermont offenses.

All restitution paid. Every dollar of restitution, administrative surcharges, fines, and court fees must be paid in full before the court will consider your petition.

No commercial driver's license. If you hold a commercial driver's license or permit, you cannot seal a DUI conviction.

The $90 Filing Fee

DUI sealing is the only type of petition in Vermont that carries a filing fee. The fee is $90, and it applies specifically when the petitioner was 25 or older at the time of the offense. If you were under 25 when the DUI occurred, the youth-offense provisions may apply instead, with different (and more favorable) terms.

If $90 is a financial hardship, you can file Form 600-00229 (Application to Waive Filing Fees and Service Costs) alongside your petition. The court evaluates waivers based on income and ability to pay.

Why the 10-Year Wait Exists

Vermont's DUI sealing rules reflect the legislature's approach to predicate offenses. A DUI conviction can serve as a prior for sentencing enhancement if you're charged with a subsequent DUI. By sealing rather than destroying the record, and by imposing the longest standard waiting period in the system, the state preserves the conviction for criminal justice purposes while eventually letting people move past a single mistake.

The logic is practical: someone who committed one DUI and went ten years without another offense or conviction has demonstrated rehabilitation. But the state isn't willing to destroy the evidence the way it does for decriminalized conduct.

The Process Step by Step

1. Pull your records from VCIC ($30) to confirm the exact conviction date, sentence completion date, and that you have only one DUI on record.
2. Verify financial clearance with the court clerk and the Restitution Unit of the Vermont Center for Crime Victim Services.
3. Complete Form 200-00130 (Petition to Seal Criminal History), specifying the DUI conviction and its docket number.
4. File in the Superior Court Criminal Division of the county where the conviction occurred, with the $90 filing fee or a fee waiver application.
5. Wait for the prosecutor's response. If the State's Attorney stipulates, the court can grant the order without a hearing. If they object, a hearing will be scheduled where you'll need to demonstrate eligibility and argue that sealing serves the interest of justice.

After the Order

Once a judge signs the sealing order, VCIC updates the state database and notifies the FBI. The federal update can take up to six months. Private background screening companies may take even longer to refresh their data.

Because DUI records are often flagged in insurance databases and DMV records in addition to criminal databases, you may need to follow up with more entities than someone sealing a non-DUI offense. The court's sealing order covers criminal records — it doesn't automatically clear DMV administrative records, which are maintained separately.

The Vermont Expungement & Record Sealing Guide covers the DUI-specific filing process, including the fee waiver application, hearing preparation for contested petitions, and the post-order database correction workflow.

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