Judiciary Committee reviews S.12 changes on sealed criminal records and court filings

The Judiciary Committee on May 9 reviewed draft 2.2 of a committee "strike‑all" amendment to S.12 that would change how sealed and expunged criminal records are handled, including a requirement that petitioners list Vermont state entities to receive sealing orders, a mandate that state entities advising about criminal-history checks inform applicants of their right not to disclose sealed or expunged records, and new rules for filing documents under seal when a filing contains or references a sealed record.

The proposal matters because it affects how courts, prosecutors, defense attorneys and state agencies handle sealed records and how individuals with sealed or expunged records are informed about disclosure rights. Committee members and invited witnesses discussed how the changes would work in court, how defense counsel and prosecutors can access sealed records for representation or discovery, and how the administrative and judicial branches would notify staff and update forms.

Michelle, Legislative Counsel, opened the committee review and summarized the draft: "We're looking at draft 2.2 of committee strike‑all amendment to S.12. So I'm just gonna take you through the highlighted portion," she said, and then walked through specific page changes in the draft.

Key provisions discussed

- Notice recipients: The draft adds language clarifying that when a petitioner…