Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Vermont requires the use of official court form Form 130 (Petition to Expunge or Seal
Criminal History) for expungement petitions. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at vermontjudiciary.org.
Do not file this document directly with the court.

PETITION TO EXPUNGE (OR SEAL) CRIMINAL HISTORY RECORDS

Vermont Superior Court - Criminal Division
County of [COUNTY]
Docket No. [DOCKET NUMBER]

In re [Petitioner Name]

TABLE OF CONTENTS

1. Document Header.............................................................1
2. Definitions..................................................................2
3. Operative Provisions (Allegations & Relief Requested)........................3
4. Representations & Warranties................................................5
5. Covenants & Continuing Obligations..........................................6
6. Default & Remedies...........................................................7
7. Risk Allocation..............................................................8
8. Dispute Resolution...........................................................8
9. General Provisions...........................................................9
10. Execution Block............................................................10

1. DOCUMENT HEADER

1.1 Parties.
(a) Petitioner: [PETITIONER FULL LEGAL NAME], date of birth [MM/DD/YYYY], residing at [MAILING ADDRESS], hereinafter “Petitioner.”
(b) Respondent: State of Vermont, through the Office of the State’s Attorney for [COUNTY] County, hereinafter “Respondent.”

1.2 Title. “Verified Petition for Expungement (or Sealing) of Criminal History Records Pursuant to 13 V.S.A. §§ 7601–7610.”

1.3 Effective Filing Date. This Petition is deemed filed on the date of clerk’s time-stamp (the “Effective Date”).

1.4 Jurisdiction & Venue. Jurisdiction and venue are proper in this Court under 13 V.S.A. § 7602(b) because the underlying criminal proceedings were filed in the Criminal Division of the Vermont Superior Court, [COUNTY] County.

1.5 Recitals.
WHEREAS, Petitioner was charged in the above-captioned matter(s); and
WHEREAS, Petitioner has completed all terms and conditions of the sentence, if any, and satisfies all statutory criteria for expungement or sealing;
NOW, THEREFORE, Petitioner respectfully states as follows:

2. DEFINITIONS

For purposes of this Petition, the following terms shall have the meanings set forth below. Any capitalized term used but not defined herein shall have the meaning given to such term in 13 V.S.A. Chapter 230.

2.1 “Court” means the Vermont Superior Court, Criminal Division, [COUNTY] County.

2.2 “Eligible Offense” means an offense listed in 13 V.S.A. § 7602(a) for which expungement or sealing is authorized.

2.3 “Expungement” has the meaning provided in 13 V.S.A. § 7601(2), namely the process by which a criminal record is physically destroyed or obliterated.

2.4 “Sealed Record” means records ordered sealed pursuant to 13 V.S.A. § 7606, accessible thereafter only as provided in § 7607.

2.5 “Waiting Period” means the statutorily prescribed period that must elapse after completion of all terms of the sentence before a petition may be filed (e.g., two years for most qualifying misdemeanors, five years for qualifying felonies, or immediate eligibility upon dismissal or acquittal).

3. OPERATIVE PROVISIONS (ALLEGATIONS & RELIEF REQUESTED)

3.1 Statutory Authority. This Petition is brought pursuant to 13 V.S.A. §§ 7602–7606.

3.2 Case Identification.
(a) Criminal Docket Number(s): [DOCKET NUMBER(S)].
(b) Offense(s) Charged: [STATUTORY CITATION & COMMON NAME].
(c) Date of Disposition: [MM/DD/YYYY].
(d) Final Disposition: [CONVICTION / DISMISSAL / ACQUITTAL / OTHER].

3.3 Eligibility Allegations.
(a) The offense(s) listed in § 3.2(b) constitute an Eligible Offense under § 7602(a)( [1] ).
(b) Petitioner completed all terms of the sentence, including payment of fines, fees, and restitution, on [MM/DD/YYYY].
(c) The applicable Waiting Period—calculated from the completion date in § 3.3(b)—expired on [MM/DD/YYYY].
(d) Petitioner has not been convicted of a subsequent crime, and no criminal charges are presently pending against Petitioner.
(e) If sealing, Petitioner affirms that public interests described in § 7606(b) are served by sealing rather than expungement.

3.4 Relief Requested.
Petitioner respectfully requests that the Court enter an Order that:
(i) EXPUNGES (or, in the alternative, SEALS) all records of the offense(s) identified in § 3.2 from the files of this Court, law-enforcement agencies, and all other custodians;
(ii) Directs the Vermont Crime Information Center to remove the offense(s) from the criminal history repository; and
(iii) Provides any further relief the Court deems just and proper.

4. REPRESENTATIONS & WARRANTIES

4.1 Accuracy. Petitioner represents under oath that all factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.

4.2 No Prior Expungement Denials. Petitioner represents that no petition for expungement or sealing concerning the same offense has been denied within the preceding three years, except as follows: [INSERT “None” OR DETAILS].

4.3 Statutory Compliance. Petitioner warrants that he/she/they meet every requirement imposed by 13 V.S.A. Chapter 230 and any other applicable law.

5. COVENANTS & CONTINUING OBLIGATIONS

5.1 Future Compliance. Petitioner covenants to notify the Court promptly if any new criminal charge is filed prior to the Court’s decision on this Petition.

5.2 Record Maintenance. Petitioner acknowledges that certain sealed or expunged records may remain accessible to law-enforcement agencies for limited purposes as provided by 13 V.S.A. § 7607.

6. DEFAULT & REMEDIES

6.1 Vacatur for Fraud. Should the Court discover that Petitioner knowingly submitted materially false information, the Court retains authority to vacate any expungement or sealing Order.

6.2 Enforcement Mechanisms. Failure of any agency to comply with an expungement or sealing Order may be enforced through the Court’s contempt powers upon motion.

7. RISK ALLOCATION

7.1 Indemnification & Liability Caps. Not applicable to this Petition.

7.2 Force Majeure. Not applicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. All matters arising under or relating to this Petition shall be governed by the laws of the State of Vermont.

8.2 Forum Selection. Exclusive jurisdiction resides with the Vermont Superior Court, Criminal Division, [COUNTY] County.

8.3 Arbitration & Jury Trial. Not applicable.

8.4 Injunctive Relief. Petitioner seeks the equitable relief of record sealing or expungement as set forth in § 3.4.

9. GENERAL PROVISIONS

9.1 Amendments. This Petition may be amended only by leave of Court pursuant to V.R.Cr.P. 47.

9.2 Severability. If any provision of this Petition is found unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.

9.3 Integration. This document constitutes the entire petition and supersedes all prior filings related to the subject matter herein.

9.4 Electronic Signatures. Subject to V.R.E.F. 11 and Administrative Order 44, electronic signatures shall be deemed originals.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of __________, 20__.

______________________________
[PETITIONER NAME]
Petitioner, pro se or by counsel

[If represented]
______________________________
[ATTORNEY NAME], Esq.
Attorney for Petitioner
[LAW FIRM NAME]
[BAR NUMBER]
[ADDRESS]
[PHONE] | [EMAIL]

VERIFICATION

I, [PETITIONER NAME], being duly sworn, depose and state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[PETITIONER NAME]

Subscribed and sworn before me on this ___ day of __________, 20__.

______________________________
Notary Public
My Commission Expires: __________

CERTIFICATE OF SERVICE

I certify that on the ___ day of __________, 20__, I served a true copy of this Petition (and any attached Proposed Order) upon the State’s Attorney for [COUNTY] County at [ADDRESS] via [METHOD OF SERVICE] in accordance with V.R.Cr.P. 49.

______________________________
[ATTORNEY OR PETITIONER SIGNATURE]