|BILL AS INTRODUCED||2007-2008|
Introduced by Representative Botzow of Pownal
Subject: Crimes and criminal procedures; misdemeanors; expungement of criminal records
Statement of purpose: This bill proposes to expunge the criminal record of a misdemeanor conviction 30 years after the date on which the offender completes all the terms and conditions of the sentence. The bill also provides that a person is required to answer questions about a previous criminal record on job applications or similar forms only with respect to arrests or convictions that have not been expunged.
AN ACT RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. chapter 230 is added to read:
CHAPTER 230. CRIMINAL RECORD EXPUNGEMENT
§ 7601. PROCEDURE
(a) The record of a person’s arrest, conviction, and sentence shall be expunged by the sentencing court if:
(1) the person has successfully completed all the terms and conditions of the sentence;
(2) the person did not serve any period of incarceration for the offense;
(3) at least 30 years have elapsed since the date on which the person completed all the terms and conditions of the sentence; and
(4) the offense was a misdemeanor.
(b) Upon entry of an expungement order, the person whose record is expunged shall be treated in all respects as if he or she had never been arrested, convicted, or sentenced for such crime except upon conviction of any crime committed after the order of expungement has been entered. The court shall send a copy of the order to the Vermont crime information center and the arresting agency.
(c) In any application for employment, license, or civil right or privilege, or in an appearance as a witness in any proceeding or hearing, a person shall be required to answer questions about a previous criminal record only with respect to arrests or convictions that have not been expunged.
The Vermont General Assembly
115 State Street