Vermont House advances bill shifting record clearance toward sealing with limits on access

Representative Dolan (Member from Essex Junction) presented H.655, saying the bill moves Vermont from a two-track system of expungement and sealing to a primarily sealing-based approach that balances removing collateral barriers with preserving records needed for specific criminal-justice and licensing purposes.

The measure would expand the list of qualifying crimes (primarily misdemeanors and a limited set of nonviolent felonies), allow limited access to sealed records for certain entities for up to 10 years, and provide that after the limited-access period some records will be fully sealed. Under the bill, qualifying misdemeanors generally require at least three years to have elapsed since completion of sentence before sealing; qualifying felonies generally require seven years; and qualifying DUI misdemeanors require 10 years. The bill retains specific exceptions, such as preserving fish-and-wildlife license point totals and allowing sealed records to be used in certain court proceedings, firearms background checks, discovery, and licensing decisions.

Dolan cited research and committee testimony, including a Michigan study the presenter said showed a 25% income increase within two years after record clearance, and a 2022 Council of State Governments analysis describing racial disparities in charging and convictions for Black and Brown Vermonters. Dolan told members the judiciary and many stakeholders supported a sealing-first framework while retaining narrowly tailored avenues for expungement.

Members asked detailed questions about eligibility. A member described a 1981 felony cultivation conviction for more than 25 marijuana plants and asked whether that person could seal the old conviction if the underlying conduct is no longer criminal. Dolan said an offense that is no longer considered a crime would be eligible and offered to research specifics about plant-count thresholds and to follow up with clarification to the member.

House Appropriations reported no appropriations in the current version of the bill and favorably recommended it. House committee votes on the bill were reported as: House Judiciary (9-1-1) and House Appropriations (12-0-0). The House then recorded voice votes to amend the bill as recommended and ordered the bill read a third time.

The bill includes a session-law direction to explore petitionerless sealing and asks the chief superior judge and other justice partners to submit a recommendation by Dec. 2, 2024. The effective date stated in the committee presentation was July 1, 2024.

Next steps: H.655 was amended as recommended by committee and ordered to third reading; the presenter offered to provide follow-up detail on particular eligibility questions raised on the floor.