Senate Judiciary debates House amendments to S.12 on sealing vs. expungement of criminal records

A Senate Judiciary Committee meeting on May 15 reviewed House amendments to S.12, a bill that would change how Vermont treats past criminal records by expanding sealing and narrowing expungement in some cases and by clarifying who may access sealed records.

The committee heard an overview from legislative counsel and testimony from prosecutors, the attorney general's office and public-safety advocates. The changes under discussion include moving some deferred-sentence records from expungement into sealing, a new requirement that petitioners identify state entities that must receive notice, and language directing state actors who inquire about criminal history to advise applicants they do not have to disclose sealed or expunged records.

Why it matters: advocates for sealing said the change would preserve information useful to law enforcement and victim safety while extending relief to more people through a unified sealing process. Opponents said the proposal effectively removes expungement protections some Vermonters now rely on and leaves unclear rules for defense counsel and for judicial review when sealed records are used in court.

Legislative counsel Michelle Chaim opened the committee briefing with an explanation of the House package and where it differs from the Senate draft. "I highlighted the areas that are different, or at least kind of substantively different so you can see the policy changes," she told the committee, walking members through draft 4.1 of the House Judiciary amendment and specific page and subdivision changes.

Key provisions discussed

- Notice and disclosure: The House…