§ 7607 — Effect of sealing

(a) Order and notice. Upon entry of an order to seal, the court shall send a copy of any order sealing a criminal history record to all of the parties and attorneys representing the parties, including to the prosecuting agency that prosecuted the offense, the Vermont Crime Information Center (VCIC), the arresting agency, and any other Vermont State entity identified by the petitioner that may have a record subject to the sealing order. VCIC shall provide notice of the sealing order to the Federal Bureau of Investigation’s National Crime Information Center.
(b) Effect.
(1) Except as provided in subsection (c) of this section, upon entry of a sealing order, the order shall be legally effective immediately and the person whose record is sealed shall be treated in all respects as if the person had never been arrested, convicted, or sentenced for the offense.
(2) 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 may be required to answer questions about a previous criminal history record only with respect to arrests or convictions that have not been sealed. A State entity that inquires about a person’s criminal history record shall advise the person of the person’s right not to disclose sealed records pursuant to this subdivision.
(3) The response to an inquiry from any member of the public regarding a sealed record shall be that “NO CRIMINAL RECORD EXISTS.”
(4) Nothing in this section shall affect any right of the person whose record has been sealed to rely on it as a bar to any subsequent proceeding for the same offense.
(c) Exceptions. A party seeking to use a sealed criminal history record, pursuant to the exceptions established in this subsection, in a court proceeding shall, prior to any use of or reference to the record in open court or in a public filing, notify the court of the party’s intent to do so. The court shall thereafter determine whether the record may be used prior to its disclosure in the proceeding. If a party submits a filing that contains a sealed record or a reference to a sealed record, that filing shall be filed under seal and remain under seal unless the court permits the use of the sealed record. This shall not apply to the use of a sealed record pursuant to subdivision (8) of this subsection. Use of a sealed record pursuant to an exception shall not change the effect of sealing under subsection (b) of this section. Notwithstanding any other provision of law or a sealing order:
(1) An entity or person that possesses a sealed record, or an attorney for such entity or person, may continue to use the record for any litigation or claim arising out of the same incident or occurrence, including use of the record in reasonable anticipation of litigation. The entity or person shall, before disclosing the record to another person, provide the following notice to the recipient of the record: “SEALED - KNOWINGLY ACCESSING OR DISCLOSING THIS RECORD WITHOUT AUTHORIZATION IS A CIVIL VIOLATION SUBJECT TO A PENALTY OF NOT MORE THAN $1,000.00.”
(2)(A) Except as provided in subdivision (B) of this subdivision (2), a criminal justice agency as defined in 20 V.S.A. § 2056a and the Attorney General may use the criminal history record sealed in accordance with section 7602 or 7603 of this title for criminal justice purposes as defined in section 7601 of this title.
(B)(i) A criminal justice agency or the Attorney General may disclose a sealed criminal history record to another person only pursuant to a court order issued after the agency or the Attorney General files a petition and a supporting affidavit. The court shall permit disclosure of the record if it finds that disclosure is for criminal justice purposes as defined in section 7601 of this title. The court may grant the petition ex parte or upon hearing at the court’s discretion. The agency or the Attorney General shall provide the following notice to the recipient of the record: “SEALED - KNOWINGLY ACCESSING OR DISCLOSING THIS RECORD WITHOUT AUTHORIZATION IS A CIVIL VIOLATION SUBJECT TO A PENALTY OF NOT MORE THAN $1,000.00.”
(ii) This subdivision (B) shall not require a criminal justice agency or the Attorney General to petition or obtain a court order for disclosure of records:
(I) to another criminal justice agency; or
(II) to meet discovery obligations pursuant to subdivision (7) of this subsection (c).
(3) A defendant may use the sealed criminal history record of another person in the defendant’s criminal proceeding. The defendant shall, before disclosing the record to another person, provide the following notice to the recipient of the record: “SEALED - KNOWINGLY ACCESSING OR DISCLOSING THIS RECORD WITHOUT AUTHORIZATION IS A CIVIL VIOLATION SUBJECT TO A PENALTY OF NOT MORE THAN $1,000.00.”
(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.
(5) A person or a court in possession of an order issued by a court regarding a matter that was subsequently sealed may file or cite to that decision in any subsequent proceeding. The party or court filing or citing to that decision shall ensure that information regarding the identity of the defendant in the sealed record is redacted.
(6) The Vermont Crime Information Center and Criminal Justice Information Services Division of the Federal Bureau of Investigation shall have access to sealed criminal history records without limitation for the purpose of responding to queries to the National Instant Criminal Background Check System regarding firearms transfers and attempted transfers.
(7) The State’s Attorney, the Attorney General, the person who is the subject of a sealed record, and the attorney for the person who is the subject of the record shall disclose information contained in a sealed criminal history record when required to meet discovery obligations.
(8) The person whose criminal history records have been sealed pursuant to this chapter and the person’s attorney may access and use the sealed records.
(9) A law enforcement agency may inspect and receive copies of the sealed criminal history records of any applicant who applies to the agency to be a law enforcement officer or a current employee for the purpose of internal investigation.
(10) Persons or entities conducting research shall have access to a sealed criminal history record to carry out research pursuant to 20 V.S.A. § 2056b.
(11) Information and materials gathered by the Department for Children and Families during a joint investigation with law enforcement, including law enforcement affidavits and related references to such information and materials, are not criminal history records as defined in subdivision 7601(2) of this title and are considered Department records that shall be maintained and may be utilized as statutorily prescribed by 33 V.S.A. chapter 49 and produced in response to a court order.
(12) Information and materials gathered by Adult Protective Services during a joint investigation with law enforcement, including law enforcement affidavits and other investigative materials, are not criminal history records as defined in subdivision 7601(2) of this title and are considered records of the Department of Disabilities, Aging, and Independent Living, which shall be maintained and may be utilized as authorized by 33 V.S.A. chapter 69 and produced in response to a court order.
(d) Process.
(1) The court shall bar viewing of the sealed offense in any accessible database that it maintains.
(2) Until all charges on a docket have been sealed, the case file shall remain publicly accessible.
(3) When all charges on a docket have been sealed, the case file shall become exempt from public access.
(4) When a sealing order is issued by the court, any person or entity, except the court, that possesses criminal history records and has been provided notice of the order shall:
(A) bar viewing of the sealed offense in any accessible database that it maintains or remove information pertaining to the sealed records from any publicly accessible database that the person or entity maintains; and
(B) clearly label the criminal history record as “SEALED” to ensure compliance with this section.
(e) Special index.
(1) The court shall keep a special index of cases that have been sealed together with the sealing order. The index shall list only the name of the person convicted of the offense, the person’s date of birth, the docket number, and the criminal offense that was the subject of the sealing.
(2) The special index and related documents specified in subdivision (1) of this subsection shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(3) Except as provided in subsection (c) of this section, inspection of the sealing order may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(f) Victims Compensation Program. Upon request, the Victims Compensation Program shall be provided with a copy, redacted of all information identifying the offender, of the affidavit for the sole purpose of verifying the expenses in a victim’s compensation application submitted pursuant to section 5353 of this title.
(g) Restitution. The sealing of a criminal record shall not affect the authority of the Restitution Unit to enforce a restitution order in the same manner as a civil judgment pursuant to subdivision 5362(c)(2) of this title. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2015, No. 133 (Adj. Sess.), § 2b, eff. May 25, 2016; 2019, No. 32, § 6; 2021, No. 147 (Adj. Sess.), § 5a, eff. May 31, 2022; 2025, No. 60, § 1, eff. July 1, 2025.)