Vermont Expungement Eligibility

The Eligibility Framework After Act 60

Vermont's Act 60, effective July 1, 2025, drew a hard line between two types of record relief. Expungement — the permanent destruction of all records — is now reserved exclusively for convictions involving conduct that Vermont has since decriminalized. Other eligible convictions fall under the sealing track, which removes records from public databases while preserving them in a confidential file accessible to law enforcement, prosecutors, and courts.

This means the first eligibility question isn't "does my offense qualify?" — it's "which remedy am I eligible for?"

Offenses Eligible for True Expungement

The list is short. Under 13 V.S.A. § 7602(b), expungement applies only to convictions for conduct that is no longer prohibited by Vermont law. The most common qualifying offense is possession of under two ounces of cannabis, which Vermont decriminalized.

Certain municipal violations qualify for automatic expungement two years after judgment satisfaction. Specific motor vehicle violations (for offenses committed on or after July 1, 2021) also qualify for automatic expungement.

For decriminalized-conduct expungement, you file Form 200-00129. There's no multi-year waiting period — just complete your sentence and pay all restitution and surcharges.

Misdemeanors Eligible for Sealing

Under Act 60, most misdemeanors qualify for sealing after a three-year waiting period from the date you completed your full sentence, including any period of probation or parole.

The excluded misdemeanors — which are permanently ineligible regardless of how much time has passed — include:

• Domestic assault
• Stalking
• Prostitution
• Prohibited conduct
• Abuse of a vulnerable adult
• Violations of abuse prevention orders
• Sexual exploitation of children

If your misdemeanor conviction isn't on that exclusion list, it likely qualifies once you've cleared the three-year waiting period and paid all financial obligations.

Felonies Eligible for Sealing

Vermont takes a restrictive approach to felony sealing. Only specific non-violent felonies qualify, and the waiting period is seven years from sentence completion. The eligible felony list under 13 V.S.A. § 7601(4)(B) includes:

• Grand larceny
• Criminal mischief
• Forgery
• Unlawful mischief
• Burglary of an unoccupied dwelling

That's it. Violent felonies, sexual offenses, hate crimes, and crimes against children are permanently ineligible for standard petition-based sealing. If your felony conviction isn't on the five-offense eligible list, sealing isn't available to you through the petition process. The only alternative for an ineligible felony would be a Governor's pardon, which is extremely rare and highly discretionary.

DUI Eligibility

A first misdemeanor DUI conviction under 23 V.S.A. § 1201(a) can be sealed, but the requirements are stricter than for other misdemeanors:

• 10-year waiting period from sentence completion (not three years)
• No subsequent criminal convictions during that period
• All restitution and surcharges paid
• You do not hold a commercial driver's license or permit

The DUI filing also carries a $90 filing fee — the only sealing petition in Vermont that isn't free to file. If the fee is a hardship, you can request a waiver using Form 600-00229.

A second or subsequent DUI conviction is not eligible for sealing.

Youth Offenses (Ages 18-21)

Vermont provides an accelerated path for people who committed qualifying offenses between ages 18 and 21. If you were in that age range at the time of the offense, you can petition to seal just 30 days after completing all sentence conditions and paying restitution and surcharges.

This is dramatically faster than the standard three-year (misdemeanor) or seven-year (felony) waiting periods. The offense still needs to be one that's eligible for sealing — the youth provision shortens the waiting period, but it doesn't expand the list of qualifying offenses.

Non-Conviction Records

Arrests or charges that ended in acquittal, dismissal, or a finding of no probable cause are eligible for automatic sealing within 60 days of the final disposition unless a party objects in the interest of justice. You don't need to file anything — the court initiates this on its own under 13 V.S.A. § 7603.

If you have an older non-conviction record (from before the automatic-sealing provisions took effect) that's still showing on your record, you can petition to seal it at any time with no waiting period.

How to Check Your Own Eligibility

Pull your official criminal history from VCIC ($30, available by mail or walk-in at the Waterbury office). For each charge on your record:

1. Identify the offense type and severity (misdemeanor, felony, DUI)
2. Check it against the exclusion lists above
3. Find your sentence completion date (including probation end date)
4. Calculate whether the relevant waiting period has passed
5. Confirm all restitution and financial obligations are paid

If you file before meeting every requirement — wrong offense category, waiting period not yet elapsed, outstanding restitution — the court will deny the petition. A denial triggers a mandatory two-year wait before you can refile, so getting the eligibility audit right the first time matters.

The Vermont Expungement & Record Sealing Guide includes an eligibility decision tree and waiting-period calculator that walks through this assessment charge by charge.

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