Senate Judiciary panel hears technical and policy concerns on S.12 sealing and expungement changes

Tom Donahue, chief superior judge, and court and justice-system administrators outlined technical and policy issues with S.12 during a Senate Judiciary meeting, saying parts of the draft could produce inconsistent outcomes and unintended administrative burdens.

Donahue pointed out a drafting error early in the bill that refers to a “felony violation of 9 VSA section 4043,” when the cited provisions impose misdemeanor penalties, and told the committee, “we should perhaps get rid of the pretend felony in the bill.” He said that correcting statutory cross-references should be a straightforward fix.

The witnesses pressed the committee on a substantive change in the bill that removes the word “successfully” from a requirement that at least three years have elapsed since the date a person completed the terms and conditions of a sentence. Under the draft language, a court deciding whether to seal a record would instead apply an “interest of justice” standard. Donahue warned that interest-of-justice is not a concrete term and is likely to produce variation among judges: “I can assure you that there are some judges who…