How to File for Criminal Record Expungement in Vermont: Timelines & Court Fees

Applying for an apartment in Burlington, a commercial driving job in Rutland, or a state position in Montpelier with an old criminal record can result in immediate rejection before you ever get a chance to explain your rehabilitation. Even minor misdemeanor convictions or dismissed charges visible on public court terminals can silently block your career advancement and housing stability across Vermont.

Fortunately, Vermont Chapter 230 (13 V.S.A. § 7601 through 13 V.S.A. § 7610) provides one of New England's most structured pathways to clear eligible criminal history records. Following the enactment of Act 60 (effective July 1, 2025), Vermont streamlined its post-conviction relief system so that non-convictions and decriminalized offenses are cleared through expungement, while qualifying misdemeanor and felony convictions are cleared from public view through record sealing. Navigating the waiting periods, restitution clearances, and county prosecutor reviews ensures your petition moves smoothly through the Criminal Division of the Vermont Superior Court.

Calculating the Crime-Free Waiting Period

Before submitting a petition in Brattleboro, Barre, or St. Albans, you must accurately calculate when your statutory waiting period begins and ends. Under 13 V.S.A. § 7602, the waiting clock does not start on the date of your arrest or the day you were sentenced in court. Instead, the crime-free waiting period begins only on the exact date you have completed all terms and conditions of your sentence-including final discharge from incarceration, furlough, probation, or deferred sentence supervision-and paid all court-ordered restitution and surcharges.

During the required waiting window, you must remain free of any new criminal convictions. Additionally, if you have a pending criminal charge anywhere in Vermont or another jurisdiction, the court cannot grant a petition until that pending case is resolved. In State v. Turner, 254 A.3d 204 (VT Supreme Court 2021), the court strictly interpreted eligibility for decriminalized-offense expungement under 13 V.S.A. § 7602, ruling that a petitioner qualifies on decriminalization grounds only when the underlying conduct is both no longer designated as a criminal offense and no longer prohibited by statutory law. Conversely, for dismissed charges and non-convictions, the court held in State v. A.P., 268 A.3d 58 (VT Supreme Court 2021) that a person who was charged with a crime that was later dismissed without a conviction may petition for expungement or sealing at any time under 13 V.S.A. § 7603, and is entitled to a court hearing if the prosecutor objects.

Filing the Petition in the Original Court

Vermont law does not allow you to consolidate criminal records from multiple counties into a single statewide court filing. Under 13 V.S.A. § 7602, every petition to expunge or seal must be filed in the specific county unit of the Criminal Division of the Vermont Superior Court where the original prosecution or conviction occurred.

For example, if you have a misdemeanor conviction from Burlington and another from Rutland, you must submit separate petitions to the Vermont Superior Court, Chittenden Criminal Division, Burlington and the Vermont Superior Court, Rutland Criminal Division, Rutland. Other primary filing venues include the Vermont Superior Court, Washington Criminal Division, Barre, the Vermont Superior Court, Windham Criminal Division, Brattleboro, the Vermont Superior Court, Bennington Criminal Division, Bennington, and the Vermont Superior Court, Franklin Criminal Division, St. Albans. Furthermore, under 13 V.S.A. § 7606 and 13 V.S.A. § 7607, a court docket file remains publicly viewable until all charges on that specific docket are expunged or sealed, making it essential to list every eligible count from the docket number on your petition.

What Happens During the Prosecutor Review Phase

Once the Criminal Division clerk dockets your petition, the court sends a copy to the prosecuting attorney who handled the original case-typically the local county State's Attorney, such as the Chittenden County State's Attorney's Office, Burlington, the Rutland County State's Attorney's Office, Rutland, or the Washington County State's Attorney's Office, Barre, or the Vermont Attorney General's Office.

During the prosecutor review phase, several important statutory steps take place:

• Victim Notification and Statement Rights: If your underlying conviction involved an identifiable victim, the prosecutor is required to notify the victim that a petition to seal or expunge has been filed. The victim has the legal right to submit a written or oral statement to the court explaining whether they support or oppose clearing the record.
• Stipulation vs. Formal Objection: Using Form 200-00131, Vermont, Judiciary, Response to Petition to Expunge or Seal, the prosecutor will inform the court whether the State consents or objects. If the prosecutor agrees that you meet all statutory criteria and that clearing your record serves the interests of justice, the court can grant your order right away on the paperwork without requiring you to appear at a hearing.
• Contested Evidentiary Hearing: If the prosecutor objects, the court must schedule a formal hearing. At the hearing, the judge evaluates your post-conviction rehabilitation, community ties, employment difficulties, and public safety factors to decide if granting relief is consistent with the interests of justice. If the court denies your petition, 13 V.S.A. § 7605 bars you from filing a new petition for that offense for 2 years unless the judge specifically authorizes a shorter re-filing period in writing.

Step-by-Step Process to File for Record Relief in Vermont

Step 1: Gathering Documents and Requesting Your VCIC Record

Begin by obtaining your exact docket numbers, offense statute citations, conviction dates, and sentence discharge dates. You can pull your statewide criminal record online or by mail through the Vermont Crime Information Center, Waterbury, or request county-specific court dockets by submitting Form 200-00331, Vermont, Judiciary, Criminal Record Check Request to the clerk of the court where you were charged.

Step 2: Verifying Full Payment of Restitution and Court Surcharges

Check your case docket to confirm that you have zero outstanding fines, court surcharges, or unpaid restitution. If you were ordered to pay restitution, contact the Restitution Unit at the Vermont Center for Crime Victim Services, Waterbury to obtain written confirmation that your restitution balance is paid in full, as unpaid restitution will automatically block a petition under 13 V.S.A. § 7602.

Step 3: Completing the Correct Vermont Judiciary Petition or Stipulation

Select the exact official form that matches your legal remedy. Use Form 200-00129, Vermont, Judiciary, Petition to Expunge Criminal History if you are seeking to destroy a dismissed charge or a conviction for conduct that is no longer a crime. Use Form 200-00130, Vermont, Judiciary, Petition to Seal Criminal History if you are seeking to seal a qualifying misdemeanor, qualifying felony, or eligible DUI conviction. If your attorney negotiates pre-filing consent with the State's Attorney, you can submit Form 200-00132, Vermont, Judiciary, Stipulation to Seal Criminal History Record or Form 200-00132A, Vermont, Judiciary, Stipulation to Expunge Criminal History Record to bypass contested delays.

Step 4: Filing with the Superior Court Clerk and Paying Any Applicable DUI Fee

Submit your signed petition in person, by mail, or via the Vermont Judiciary electronic filing system (Odyssey File & Serve) to the Criminal Division in the county of conviction. While almost all petitions are free, if you are filing to seal a misdemeanor DUI committed at age 25 or older, attach the statutory filing fee or include Form 600-00229, Vermont, Judiciary, Application to Waive Filing Fees and Service Costs if you meet low-income guidelines.

Step 5: Attending the Interests-of-Justice Hearing and Verifying VCIC Clearance

If the State's Attorney objects and the court schedules a hearing, appear prepared with character reference letters, proof of employment or schooling, and treatment certificates. Once the judge signs the final order, the court clerk transmits the order to the Vermont Crime Information Center, Waterbury, the arresting police agency, and the FBI's National Crime Information Center (NCIC) to update or purge your record within 60 days.

How Much Does it Cost in Vermont?

Vermont makes clearing a criminal record affordable for residents by eliminating court fees for nearly all offenses:

• Standard Expungement and Sealing Filing Fee: Under 32 V.S.A. § 1431, filing a petition to expunge or seal any non-DUI misdemeanor, qualifying felony, or dismissed charge costs $0.
• Adult DUI Sealing Filing Fee: Under 32 V.S.A. § 1431, filing a petition to seal a first-offense misdemeanor DUI (23 V.S.A. § 1201) committed when you were age 25 or older costs $90 (waivable for indigent petitioners using Form 600-00229, Vermont, Judiciary, Application to Waive Filing Fees and Service Costs).
• Criminal Record Check Fees: Ordering your statewide conviction report from the Vermont Crime Information Center costs $30, while viewing your own dockets on a courthouse Public Access Terminal is $0 (with nominal printing fees if copies are needed).
• Criminal Defense Attorney Fees: Hiring an experienced Vermont expungement lawyer to audit your multi-county record, negotiate a prosecutor stipulation, and represent you at a contested hearing typically costs a flat fee of $750 to $2,000 per case, or $200 to $350 per hour.

How Long Does the Process Take?

From the day you file your petition in a Vermont Superior Court to the day your background check clears, expect the following timeline:

• Stipulated Petitions (With Pre-Approved Prosecutor Consent): Typically signed by a judge within 2 to 4 weeks of filing.
• Uncontested Petitions (Waiting for Prosecutor Review): Generally take 60 to 90 days for the court to notify the State's Attorney, confirm victim notification, and issue an order without a hearing.
• Contested Petitions Requiring a Court Hearing: Take 90 to 150 days depending on the docket congestion in busy venues like Burlington or Rutland.
• State and Law Enforcement Database Compliance: Under 13 V.S.A. § 7606 and 13 V.S.A. § 7607, once the judge signs the order, arresting agencies and the VCIC have up to 60 days to remove, destroy, or seal the record across state databases.

Because a denied petition triggers a mandatory 2-year waiting ban before you can reapply, getting your petition right the first time is critical. Browse our directory of verified Vermont criminal defense and expungement lawyers to find a local attorney who can secure a prosecutor stipulation and clear your record swiftly.

Frequently Asked Questions (FAQ)