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Senate advances major criminal-record sealing overhaul, narrows expungement and defines access rules
Summary
S.12, a comprehensive overhaul of Vermont’s sealing and expungement statutes, was reported at length to the Senate and ordered for third reading after committee votes. The bill shifts most cases toward sealing (rather than full expungement), sets waiting periods, clarifies who may access sealed records and creates a civil penalty for misuse.
The Vermont Senate on March 20 advanced S.12, a comprehensive bill revising state law on sealing and expungement of criminal history records. The Judiciary Committee provided an extended report and the Senate amended and ordered the bill for third reading.
Why it matters
Senator Hachin, reporting for the Judiciary Committee, described the bill as “one of the most important requests” within public-safety legislation and framed the approach as favoring sealing over wholesale destruction of records in most cases, while preserving expungement options in specific circumstances such as deferred sentences, diversion, and offenses that are no longer crimes.
Key changes
- Misdemeanors generally become eligible for sealing or expungement, with enumerated exceptions for serious offenses (including many felonies listed in Title 13 VSA §5301 such as murder, aggravated assault, stalking, human trafficking, and domestic assault). - A set of nonviolent property-related felonies (identified in the bill and originally included in the governor’s proposal) are made eligible for sealing. - Waiting periods: qualifying misdemeanors require at least three years after completion of sentence and payment of restitution/surcharges; qualifying felonies require seven years; qualifying DUI misdemeanors require 10 years; petitioners holding a commercial driver’s license (CDL) are ineligible to seal motor-vehicle-related convictions due to federal rules. - Immediate sealing is available in certain post-acquittal or dismissed cases (within 60 days after final disposition in defined circumstances). - Effect of sealing: a sealing order makes the individual “to be treated in all respects as if the person had never been arrested, convicted, or sentenced,” but specified criminal‑justice and governmental entities may seek court access under limited standards. - Access rules: criminal-justice agencies or the attorney general may petition for access upon a showing of reasonable suspicion; defense attorneys may petition if the sealed record may assist representation; law enforcement may access records under exigent circumstances. - Misuse penalty: the bill creates a civil penalty (identified as $1,000 in committee report language) for misuse of sealed records; the Vermont Criminal Justice Council may accept complaints about misuse. - Municipal violations: municipal violation records may be expunged after two years once judgment is satisfied for violations occurring on or after July 1, 2024. - Effective date for most provisions: July 1, 2025.
Committee testimony and votes
Senator Hachin walked the Senate through specific sections and definitions and emphasized balancing confidentiality with narrow access for legitimate criminal-justice uses. Committees heard testimony from a broad set of stakeholders, including the Vermont Sheriffs Association, the Attorney General’s office, judiciary officials, the Vermont Bankers Association, the Office of Racial Equity, defender and prosecutor offices, the Department of Motor Vehicles, and others. The Judiciary Committee voted 4–1–0 in favor; the Finance Committee reserved review of related fee questions and voted 7–0–0 to recommend the bill proceed to the floor. The Senate amended the bill per committee recommendation and ordered third reading following voice votes.
What the bill does not do
The bill narrows routine public access to sealed records but does not eliminate judicial or limited government access in defined circumstances. It does not remove all fees or fully resolve which seal petition fees should apply — Finance asked that the House Judiciary review fee application across sealing categories.
Attribution
Senator Hachin (Judiciary Committee reporter) provided the primary floor report. Senator Matos (Finance Committee) explained the finance committee’s review of the criminal-history-record-sealing special fund and recommended House review of fee policy.
Next steps
S.12 was amended and ordered for third reading. Further action on fees and implementation details, including administrative rules and court procedures, will follow as agencies and courts adapt to the statutory changes.
