House moves to a largely ‘sealing’ regime for criminal records with S.12; third reading ordered

The House proposed to the Senate to amend S.12 and ordered third reading after floor review of the Judiciary Committee’s strike-all amendment. S.12 revises Vermont law for criminal history record clearance by moving from a two-track system of expungement and sealing to primarily a sealing regime with limited carve-outs for expungement.

House Judiciary committee members described the bill as an attempt to simplify a complex, piecemeal body of law. The committee’s amendment updates definitions, revises the list of qualifying offenses (primarily misdemeanors and a limited set of nonviolent felonies), and establishes waiting periods: generally three years after completing sentence for qualifying misdemeanors, seven years for qualifying nonviolent felonies, and ten years for certain DUI misdemeanors (with additional constraints for commercial driver's license holders). The amendment also allows immediate sealing without a hearing if the petitioner and respondent stipulate.

The bill sets rules for use of sealed records, listing entities allowed access for specified purposes (prosecutors for discovery, criminal justice agencies for criminal justice purposes, employers in limited circumstances such as law enforcement hiring, researchers under state law, and victims for certain notices). It requires the court to bar viewings of sealed offenses in searchable databases and to maintain an index of sealed cases. The House amendment added email as an acceptable method to notify victims when a petition is filed and included civil penalties (up to $1,000) for unauthorized access and disclosure of sealed records by law enforcement officers and others.

The Ways and Means Committee reported that S.12 does not change current sealing fees (a DUI I sealing fee remains the only fee) and that any increased workload would be handled by courts or return to the legislature if resourcing is needed. Judiciary described that the bill retains some contexts where expungement remains necessary (for example, for certain deferred sentences and court diversion periods) and added provisions addressing municipal and traffic violation expungement timing. S.12 as amended sets an effective date of 07/01/2025 for most provisions.

On the floor the Judiciary sponsor said the measure balances easing barriers to employment, housing and education with public safety and prosecutorial needs; legislators were reminded the proposal is the product of multiple years of study and advocacy. The House voted by voice to propose to the Senate to amend S.12 as recommended and ordered third reading.

Speakers and witnesses included House Judiciary members, legislative counsel, Joint Fiscal Office analysts, representatives from the Attorney General’s Office, state judiciary staff, victim services, defense and prosecution stakeholders, and other interested parties.