Vermont Statutes Title 23 Sec. 2303
Terms Used In Vermont Statutes Title 23 Sec. 2303
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an unvacated final adjudication of guilt, or a final determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
§ 2303. Expungement of violation records
(a) Expungement. Two years following the satisfaction of a judgment resulting from an adjudication or conviction of a violation identified in this subsection, the Judicial Bureau shall make an entry of “expunged” and notify the Department of Motor Vehicles of such action consistent with the data transfer policy between the Judicial Bureau and the Department. The data transfer to the Department shall include the name, date of birth, ticket number, offense, license number, and personal identifying number. The Judicial Bureau shall make the expungement entry pursuant to this section for the following violations:
(1) section 301 of this title (operating an unregistered vehicle);
(2) subsection 307(a) of this title (failing to possess registration);
(3) section 611 of this title (failing to possess license);
(4) subsection 676(a) of this title (operating after suspension);
(5) section 601 of this title (operating without a license);
(6) section 800 of this title (operating without insurance); and
(7) subsection 1222(c) of this title (operating an uninspected vehicle).
(b) Effect of expungement.
(1) Upon entry of an expungement order, the order shall be legally effective immediately and the individual whose record is expunged shall be treated in all respects as if he or she had never been convicted or adjudicated of the violation. This includes the expungement of any points accumulated pursuant to chapter 25 of this title.
(2) Upon an entry of expunged, the case will be accessible only by the Clerk of the Court for the Judicial Bureau or the Clerk’s designee. Convictions or adjudications that have been expunged shall not appear in the results of any Judicial Bureau database search by name, date of birth, driver’s license number, or any other data identifying the defendant. Except as provided in subsection (c) of this section, any documents or other records related to an expunged conviction or adjudication that are maintained outside the Judicial Bureau’s case management system shall be destroyed.
(3) Upon receiving an inquiry from any person regarding an expunged record, the Judicial Bureau and Department of Motor Vehicles shall respond that “NO RECORD EXISTS.”
(c) Exception for research entities. Research entities that maintain conviction or adjudication records for purposes of collecting, analyzing, and disseminating criminal justice data shall not be subject to the expungement requirements established in this section. Research entities shall abide by the policies established by the Court Administrator and shall not disclose any identifying information from the records they maintain.
(d) Policies for implementation. The Court Administrator shall establish policies for implementing this section. (Added 2021, No. 58, § 4.)