House Judiciary reviews S.12, a 36‑page bill shifting many expungements to sealing and tightening access rules

Montpelier — The House Judiciary Committee on April 15 reviewed S.12, a 36‑page bill passed by the Senate that would reshape how Vermont handles petitions to seal or expunge criminal history records. Michelle Child, legislative counsel, gave committee members a high‑level overview of the bill, which she said primarily converts the current mixed system into one that favors sealing, with a limited set of expungements retained for diversion, deferred sentences and offenses that are no longer crimes.

Why it matters: the bill changes when and how people can clear criminal records, who may see sealed files, and how law enforcement and licensing agencies may use sealed records. Committee members asked questions about federal limits for commercial driver’s licenses, how the Vermont Crime Information Center (VCIC) and NCIC would be notified, and practical access by police and prosecutors.

Child told the committee that the bill’s definitions treat a “criminal history record” as “all information documenting an individual’s contact with the criminal justice system,” and that the measure preserves expungement only in three cases: diversion, deferred sentences, and when the underlying offense is no longer a crime. “Expungement means the record is destroyed. So it’s burned. It’s shredded,” Child said, contrasting that outcome with sealing, which retains a record but restricts who may view it.

Eligibility and timelines - Misdemeanors: the default in S.12 is that almost all misdemeanors are eligible for sealing except a specified list that includes interpersonal violence and other enumerated offenses. A…