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) “Criminal justice purposes” means the investigation, apprehension, detention, adjudication, or correction of persons suspected, charged, or convicted of criminal offenses. “Criminal justice purposes” also includes criminal identification activities; the collection, storage, and dissemination of criminal history records; and screening for criminal justice employment.

  (4) “Qualifying crime” means:

  (A) all misdemeanor offenses except:

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

  (ii) a violation of chapter 64 of this title relating to sexual exploitation of children;

  (iii) a violation of section 1030 of this title relating to a violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child;

  (iv) a violation of chapter 28 of this title related to abuse, neglect, and exploitation of a vulnerable adult;

  (v) a violation of subsection 2605(b) or (c) of this title related to voyeurism;

  (vi) a violation of subdivisions 352(1)–(10) of this title related to cruelty to animals;

  (vii) a violation of section 5409 of this title related to failure to comply with sex offender registry requirements;

  (viii) a violation of section 1455 of this title related to hate-motivated crimes;

  (ix) a violation of subsection 1304(a) of this title related to cruelty to a child;

  (x) a violation of section 1305 of this title related to cruelty by person having custody of another;

  (xi) a violation of section 1306 of this title related to mistreatment of persons with impaired cognitive function;

  (xii) a violation of section 3151 of this title related to female genital mutilation;

  (xiii) a violation of subsection 3258(b) of this title related to sexual exploitation of a minor;

  (xiv) a violation of subdivision 4058(b)(1) of this title related to violation of an extreme risk protection order;

  (xv) an offense committed in a motor vehicle as defined in 23 V.S.A. § 4 by a person who is the holder of a commercial driver’s license or commercial driver’s permit pursuant to 23 V.S.A. chapter 39; and

  (xvi) any offense that would require registration as a sex offender pursuant to chapter 167, subchapter 3 of this title; and

  (B) the following felonies:

  (i) a violation of section 1201 of this title related to burglary, excluding any burglary into an occupied dwelling, unless the person was 25 years of age or younger at the time of the offense and did not carry a dangerous or deadly weapon during the commission of the offense;

  (ii) designated felony property offenses as defined in subdivision (5) of this section;

  (iii) offenses relating to possessing, cultivating, selling, dispensing, or transporting regulated drugs, including violations of 18 V.S.A. § 4230(a) and (b), 4231(a) and (b), 4232(a) and (b), 4233(a) and (b), 4233a(a), 4234(a) and (b), 4234a(a) and (b), 4234b(a) and (b), 4235(b) and (c), or 4235a(a) and (b); and

  (iv) any offense for which a person has been granted an unconditional pardon from the Governor.

  (5) “Designated felony property offense” means:

  (A) section 1801 of this title related to forgery and counterfeiting;

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

  (C) section 1804 of this title related to counterfeiting paper money;

  (D) section 1816 of this title related to possession or use of credit card skimming devices;

  (E) section 2001 of this title related to false personation;

  (F) section 2002 of this title related to false pretenses or tokens;

  (G) section 2029 of this title related to home improvement fraud;

  (H) section 2030 of this title related to identity theft;

  (I) section 2501 of this title related to grand larceny;

  (J) section 2531 of this title related to embezzlement;

  (K) section 2532 of this title related to embezzlement by officers or servants of an incorporated bank;

  (L) section 2533 of this title related to embezzlement by a receiver or trustee;

  (M) section 2561 of this title related to receiving stolen property;

  (N) section 2575 of this title related to retail theft;

  (O) section 2582 of this title related to theft of services;

  (P) section 2591 of this title related to theft of rented property;

  (Q) section 2592 of this title related to failure to return a rented or leased motor vehicle;

  (R) section 3016 of this title related to false claims;

  (S) section 3701 of this title related to unlawful mischief;

  (T) section 3705 of this title related to unlawful trespass;

  (U) section 3733 of this title related to mills, dams, or bridges;

  (V) section 3761 of this title related to unauthorized removal of human remains;

  (W) section 3766 of this title related to grave markers and ornaments;

  (X) chapter 87 of this title related to computer crimes; and

  (Y) 18 V.S.A. § 4223 related to fraud or deceit in obtaining a regulated drug. (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; 2025, No. 60, § 1, eff. July 1, 2025.)