The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 230 : Expungement and Sealing of Criminal History Records

• § 7601. Definitions

  As used in this chapter:

  (1) “Court” means the Criminal Division of the Superior Court.

  (2) “Criminal history record” means all information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.

  (3) “Predicate offense” means a criminal offense that can be used to enhance a sentence levied for a later conviction and includes operating a vehicle under the influence of alcohol or other substance in violation of 23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title, and stalking in violation of section 1062 of this title. “Predicate offense” shall not include misdemeanor possession of cannabis, a disorderly conduct offense under section 1026 of this title, or possession of a controlled substance in violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a), 4234a(a), 4234b(a), 4235(b), or 4235a(a).

  (4) “Qualifying crime” means:

  (A) a misdemeanor offense that is not:

  (i) a listed crime as defined in subdivision 5301(7) of this title;

  (ii) an offense involving sexual exploitation of children in violation of chapter 64 of this title;

  (iii) an offense involving violation of a protection order in violation of section 1030 of this title;

  (iv) prostitution as defined in section 2632 of this title, or prohibited conduct under section 2601a of this title; or

  (v) a predicate offense;

  (B) a violation of subsection 3701(a) of this title related to criminal mischief;

  (C) a violation of section 2501 of this title related to grand larceny;

  (D) a violation of section 1201 of this title related to burglary, excluding any burglary into an occupied dwelling, as defined in subdivision 1201(b)(2) of this title;

  (E) a violation of 18 V.S.A. § 4223 related to fraud or deceit;

  (F) a violation of section 1802 of this title related to uttering a forged or counterfeited instrument;

  (G) a violation of 18 V.S.A. § 4230(a) related to possession and cultivation of cannabis;

  (H) a violation of 18 V.S.A. § 4231(a) related to possession of cocaine;

  (I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD;

  (J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin;

  (K) a violation of 18 V.S.A. § 4234(a) related to possession of depressant, stimulant, and narcotic drugs;

  (L) a violation of 18 V.S.A. § 4234a(a) related to possession of methamphetamine;

  (M) a violation of 18 V.S.A. § 4234b(a) related to possession of ephedrine and pseudoephedrine;

  (N) a violation of 18 V.S.A. § 4235(b) related to possession of hallucinogenic drugs;

  (O) a violation of 18 V.S.A. § 4235a(a) related to possession of ecstasy; or

  (P) any offense for which a person has been granted an unconditional pardon from the Governor. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2013, No. 76, § 8; 2015, No. 36, § 1, eff. May 26, 2015; 2017, No. 57, § 3; 2017, No. 83, § 161(3); 2019, No. 32, § 2; 2019, No. 167 (Adj. Sess.), § 33, eff. Oct. 7, 2020.)