Can a DUI be expunged in Vermont?

Whether a DUI can be cleared at all

A misdemeanor DUI conviction under 23 V.S.A. Section 1201 is a qualifying crime that can be sealed, but not expunged, under 13 V.S.A. Section 7602. The court must grant the petition where at least 10 years have passed since the person completed the terms and conditions of the sentence, restitution and surcharges for any crime of conviction are paid in full, the person does not hold a commercial driver's license or permit, and the prosecuting office has not shown that sealing would be contrary to the interests of justice. Section 7602(a)(5) shuts the section entirely to a commercial driver's license or permit holder seeking to seal a motor vehicle offense.

“(e) Qualifying DUI misdemeanor. For petitions filed to seal a qualifying DUI misdemeanor pursuant to subdivision (a)(2) of this section, the court shall grant the petition and order that the criminal history record be sealed if the following conditions are met:”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not addressed on the official pages read. No Department of Motor Vehicles page addresses what happens to the driver record after a criminal record is sealed. The Department does state that there is no statute of limitations on driver suspensions and that all driver suspensions remain on the record and in effect until the person has met every requirement and reinstatement has been issued. 13 V.S.A. Section 7602(f) expressly preserves fish and wildlife license points and suspensions after sealing but the section contains no equivalent provision for a driver's license.

“In Vermont there is no statute of limitations on driver suspensions. All driver suspensions remain on an individual's record and in effect until the individual has complied with all requirements related to the suspension and a reinstatement has been issued.”

What else sits on that record: suspensions and points in Vermont.

How long the wait is, and from when

13 V.S.A. Section 7602(e) requires at least 10 years to have elapsed since the date the person completed the terms and conditions of the sentence. That is the longest period in the section: an ordinary qualifying misdemeanor takes three years and a qualifying felony seven. Where there was no conviction, 13 V.S.A. Section 7603 has the court seal the record within 60 days of final disposition if probable cause was not found, the charge was dismissed, or the defendant was acquitted, unless a party objects in the interests of justice.

“(1) At least 10 years have elapsed since the date on which the person completed the terms and conditions of the sentence. (2) Any restitution and surcharges ordered by the court for any crime of which the person has been convicted has been paid in full”

Automatic or by petition

Vermont seals some records without a petition and requires a petition for others. Under 13 V.S.A. Section 7603, the court seals a citation or arrest record within 60 days of final disposition where probable cause was not found at arraignment, the charge was dismissed before trial, or the defendant was acquitted, unless a party objects in the interests of justice. A conviction, including a DUI conviction, is not covered by that provision and requires a petition under Section 7602.

“(a) Unless either party objects in the interests of justice, the court shall issue an order sealing the criminal history record related to the citation or arrest of a person: (1) within 60 days after the final disposition of the case”

Where it is filed, and what it costs

The petition is filed with the Criminal Division of the Superior Court, and the State's Attorney or Attorney General who prosecuted the offense is the respondent. If the petitioner and the respondent stipulate, the court grants the petition without a hearing and notifies the Vermont Crime Information Center and the other entities listed in 13 V.S.A. Section 7607(a). The Judiciary's fee schedule lists $90.00 for a motion to seal a conviction of 23 V.S.A. Section 1201(a) under 13 V.S.A. Section 7602, citing 32 V.S.A. Section 1431(e). Requests to expunge or seal a criminal record otherwise carry no filing fee, the exception being a request to seal a conviction for driving under the influence of alcohol committed by someone who was 25 or older. An Application to Waive Filing Fees and Service Costs is available.

“Motions to seal a conviction of 23 VSA § 1201(a) pursuant to 13 VSA § 7602 $90.00 32 V.S.A. § 1431(e)”

Whether a cleared DUI still counts as a prior

13 V.S.A. Section 7607(c)(4) states that a sealed record of a prior violation of 23 V.S.A. Section 1201(a) remains admissible as a predicate offense for imposing an enhanced penalty on a later violation of that section, in accordance with 23 V.S.A. Section 1210. Section 1210 counts a prior DUI conviction within the last 20 years for second-offense penalties and, for a third offense, requires two prior convictions with at least one in the last 20 years.

“(4) A sealed record of a prior violation of 23 V.S.A. § 1201(a) shall be admissible as a predicate offense for the purpose of imposing an enhanced penalty for a subsequent violation of that section, in accordance with the provisions of 23 V.S.A. § 1210.”

The statute: 13 V.S.A. § 7602

“(2) A person may file a petition with the court requesting sealing of a criminal history record related to a conviction if the person was convicted of a qualifying crime or qualifying crimes arising out of the same incident or occurrence.”