H 566

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1H.566
2 Introduced by Representative Dolan of Essex Junction
3 Referred to Committee on
4 Date:
5 Subject: Court diversion; sealing post-charge diversion records
6 Statement of purpose of bill as introduced: This bill proposes to switch from
7 expunging post-charge diversion records in adult and juvenile diversion
8 programs to sealing such records upon successful completion and to expand
9 the Adult Diversion Program to municipal violations.
10    An act relating to sealing post-charge court diversion records upon
11    successful completion
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 Sec. 1. 3 V.S.A. § 163 is amended to read:
14 § 163. JUVENILE COURT DIVERSION PROGRAM
15***
16    (f) Records; deletion and expungement sealing.
17***
18(5) Post-charge diversion records expungement sealing. Within 30 days
19 after the two-year anniversary of a successful completion of post-charge
20 diversion, the court shall provide notice to all parties of record of the court’s
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1 intention to order the expungement sealing of all court files and records, law
2 enforcement records, fingerprints, and photographs other than entries in the
3 court diversion program’s centralized filing system applicable to the
4 proceeding. However, the court shall not order expungement sealing if the
5 participant does not satisfy each of subdivisions (A)–(C) of this subdivision.
6 The court shall give the State’s Attorney an opportunity for a hearing to
7 contest the expungement sealing of the records. The court shall expunge seal
8 the records if it finds:
9(A) two years have elapsed since the successful completion of the
10 juvenile post-charge diversion program by the participant;
11(B) the participant has not been convicted of a subsequent felony or
12 misdemeanor during the two-year period, and no proceedings are pending
13 seeking such conviction; and
14(C) the participant does not owe restitution related to the case.
15(6) Expungement of sealed records. The court may expunge any records
16 that were sealed pursuant to this subsection prior to July 1, 2018 unless the
17 State’s Attorney’s office that prosecuted the case objects. Thirty days prior to
18 expunging a record pursuant to this subdivision, the court shall provide written
19 notice of its intent to expunge the record to the State’s Attorney’s office that
20 prosecuted the case. [Repealed.]
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1(7) Post-charge diversion case index.
2(A) The court and the Office of the Attorney General shall keep a
3 special index of post-charge diversion cases that have been expunged sealed
4 pursuant to this section together with the expungement sealing order. The
5 index shall list only the name of the person convicted of the offense, the
6 person’s date of birth, the docket number, date of case closure, the court of
7 jurisdiction, and the offense that was the subject of the expungement sealing.
8(B) The special index and related documents specified in subdivision
9 (A) of this subdivision (7) shall be confidential and shall be physically and
10 electronically segregated in a manner that ensures confidentiality and that
11 limits access to authorized persons.
12(C) Inspection of the expungement sealing order and the certificate
13 may be permitted only upon petition by the person who is the subject of the
14 case. The Chief Superior Judge may permit special access to the index and the
15 documents for research purposes pursuant to the rules for public access to
16 court records.
17(D) The Court Administrator shall establish policies for
18 implementing subdivisions (5)–(9) of this subsection (f).
19(8) Effect of expungement sealing. Except as otherwise provided in this
20 section, upon the entry of an order expunging sealing files and records under
21 this section, the proceedings in the matter shall be considered never to have
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1 occurred; all index references thereto shall be deleted; and the participant, the
2 court, law enforcement officers and departments, prosecutors, the referring
3 entity, and the diversion program shall reply to any request for information
4 that no record exists with respect to such participant inquiry in any matter.
5 Copies of the order shall be sent to each agency, entity, or official named
6 therein.
7(9) Expungement Sealing applicability. The process of automatically
8 expunging sealing records as provided in this section shall only apply to those
9 persons who completed diversion on or after July 1, 2002 2026. Any person
10 who completed diversion prior to July 1, 2002 must apply to the court to have
11 the person’s records expunged. Expungement Sealing shall occur if the
12 requirements of subdivisions (5)–(8) of this subsection (f) are met.
13***
14 Sec. 2. 3 V.S.A. § 164 is amended to read:
15 § 164. ADULT COURT DIVERSION PROGRAM
16    (a) Purpose.
17(1) The Attorney General shall develop and administer an adult court
18 diversion program, for both pre-charge and post-charge referrals, available in
19 all counties.
20(2) The program shall be designed to provide a restorative option for
21 persons alleged to have caused harm in violation of a criminal statute or
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1 municipal ordinance or who have been charged with violating a criminal
2 statute or municipal ordinance, as well as for victims or those acting on a
3 victim’s behalf who have been allegedly harmed by the person referred to the
4 program. The diversion program can accept referrals to the program as
5 follows:
6(A) Pre-charge by law enforcement or prosecutors pursuant to a
7 policy adopted in accordance with subdivisions (c)(1)-(2) (c)(1) and (2) of this
8 section.
9(B) Post-charge by prosecutors for persons charged with a first or a
10 second misdemeanor or a first nonviolent felony, or other offenses as the
11 prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.
12(C) Post-charge by prosecutors of persons who have been charged
13 with an offense and who have substance abuse or mental health treatment
14 needs regardless of the person’s prior criminal history record, except a person
15 charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall
16 not be eligible under this section. Persons who have attained 18 years of age
17 who are subject to a petition in the Family Division pursuant to 33 V.S.A.
18 chapter 52 or 52A shall also be eligible under this section. Programming for
19 these persons is intended to support access to appropriate treatment or other
20 resources with the aim of improving the person’s health and reducing future
21 adverse involvement in the justice system.
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1***
2    (f) Records; deletion and expungement sealing.
3***
4(5) Post-charge diversion records expungement sealing. Within 30 days
5 after the two-year anniversary of a successful completion of adult post-charge
6 diversion, the court shall provide notice to all parties of record of the court’s
7 intention to order the expungement sealing of all court files and records, law
8 enforcement records, fingerprints, and photographs other than entries in the
9 adult court diversion program’s centralized filing system applicable to the
10 proceeding. However, the court shall not order expungement sealing if the
11 participant does not satisfy each of subdivisions (A)–(C) of this subdivision.
12 The court shall give the State’s Attorney an opportunity for a hearing to
13 contest the expungement sealing of the records. The court shall expunge seal
14 the records if it finds:
15(A) two years have elapsed since the successful completion of the
16 adult post-charge diversion program by the participant;
17(B) the participant has not been convicted of a subsequent felony or
18 misdemeanor during the two-year period, and no proceedings are pending
19 seeking such conviction; and
20(C) the participant does not owe restitution related to the case.
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1(6) Expungement Sealing of sealed records. The court may expunge
2 seal any records that were sealed pursuant to this subsection prior to July 1,
3 2018, unless the State’s Attorney’s office that prosecuted the case objects.
4 Thirty days prior to expunging sealing a record pursuant to this subdivision,
5 the court shall provide written notice of its intent to expunge seal the record to
6 the State’s Attorney’s office that prosecuted the case.
7(7) Post-charge diversion case index.
8(A) The court and the Office of the Attorney General shall keep a
9 special index of post-charge diversion cases that have been expunged sealed
10 pursuant to this section together with the expungement sealing order. The
11 index shall list only the name of the person convicted of the offense, the
12 person’s date of birth, the docket number, date of case closure, location of
13 programming, and the criminal offense that was the subject of the
14 expungement sealing.
15(B) The special index and related documents specified in subdivision
16 (A) of this subdivision (7) shall be confidential and shall be physically and
17 electronically segregated in a manner that ensures confidentiality and that
18 limits access to authorized persons.
19(C) Inspection of the expungement sealing order and the certificate
20 may be permitted only upon petition by the person who is the subject of the
21 case. The Chief Superior Judge may permit special access to the index and the
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1 documents for research purposes pursuant to the rules for public access to
2 court records.
3(D) The Court Administrator shall establish policies for
4 implementing subdivisions (5)–(9) of this subsection (f).
5(8) Effect of expungement sealing. Except as otherwise provided in this
6 section, upon the entry of an order expunging sealing files and records under
7 this section, the proceedings in the matter shall be considered never to have
8 occurred; all index references thereto shall be deleted; and the participant, the
9 court, law enforcement officers and departments, prosecutors, the referring
10 entity, and the diversion program shall reply to any request for information
11 that no record exists with respect to such participant inquiry in any matter.
12 Copies of the order shall be sent to each agency, entity, or official named
13 therein.
14(9) Expungement Sealing applicability. The process of automatically
15 expunging sealing records as provided in this section shall only apply to those
16 persons who completed diversion on or after July 1, 2002 2026. Any person
17 who completed diversion prior to July 1, 2002 must apply to the court to have
18 the person’s records expunged. Expungement Sealing shall occur if the
19 requirements of this subsection are met.
20***
21 Sec. 3. EFFECTIVE DATE
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1    This act shall take effect on July 1, 2026.
Sec. 1. 3 V.S.A. § 163 is amended to read:
§ 163. JUVENILE COURT DIVERSION PROGRAM
                                      ***
   (f) Records; deletion and expungement sealing.
                                      ***
      (5) Post-charge diversion records expungement sealing. Within 30 days
after the two-year anniversary of a successful completion of post-charge
diversion, the court shall provide notice to all parties of record of the court’s
intention to order the expungement sealing of all court files and records, law
enforcement records, fingerprints, and photographs other than entries in the
court diversion program’s centralized filing system applicable to the
proceeding. However, the court shall not order expungement sealing if the
participant does not satisfy each of subdivisions (A)–(C) of this subdivision.
The court shall give the State’s Attorney an opportunity for a hearing to
contest the expungement sealing of the records. The court shall expunge seal
the records if it finds:
          (A) two years have elapsed since the successful completion of the
juvenile post-charge diversion program by the participant;
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     (B) the participant has not been convicted of a subsequent felony or
misdemeanor during the two-year period, and no proceedings are pending
seeking such conviction; and
     (C) the participant does not owe restitution related to the case.
  (6) Expungement of sealed records. The court may expunge any records
that were sealed pursuant to this subsection prior to July 1, 2018 unless the
State’s Attorney’s office that prosecuted the case objects. Thirty days prior to
expunging a record pursuant to this subdivision, the court shall provide written
notice of its intent to expunge the record to the State’s Attorney’s office that
prosecuted the case. [Repealed.]
  (7) Post-charge diversion case index.
     (A) The court and the Office of the Attorney General shall keep a
special index of post-charge diversion cases that have been expunged sealed
pursuant to this section together with the expungement 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, date of case closure, the court of
jurisdiction, and the offense that was the subject of the expungement sealing.
     (B) The special index and related documents specified in subdivision
(A) of this subdivision (7) shall be confidential and shall be physically and
electronically segregated in a manner that ensures confidentiality and that
limits access to authorized persons.
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     (C) Inspection of the expungement sealing order and the certificate
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.
     (D)     The Court Administrator shall establish policies for
implementing subdivisions (5)–(9) of this subsection (f).
  (8) Effect of expungement sealing. Except as otherwise provided in this
section, upon the entry of an order expunging files and records under this
section, the proceedings in the matter shall be considered never to have
occurred; all index references thereto shall be deleted; and the participant, the
court, law enforcement officers and departments, prosecutors, the referring
entity, and the diversion program shall reply to any request for information
that no record exists with respect to such participant inquiry in any matter.
Copies of the order shall be sent to each agency, entity, or official named
therein Procedures for sealing, the effect of sealing, and access to sealed
records shall be as provided in 13 V.S.A. § 7607.
  (9) Expungement Sealing applicability. The process of automatically
expunging sealing records as provided in this section shall only apply to those
persons who completed diversion on or after July 1, 2002 2026. Any person
who completed diversion prior to July 1, 2002 must apply to the court to have
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the person’s records expunged.       Expungement Sealing shall occur if the
requirements of subdivisions (5)–(8) of this subsection (f) are met.
                                  ***
Sec. 2. 3 V.S.A. § 164 is amended to read:
§ 164. ADULT COURT DIVERSION PROGRAM
   (a) Purpose.
  (1) The Attorney General shall develop and administer an adult court
diversion program, for both pre-charge and post-charge referrals, available in
all counties.
  (2) The program shall be designed to provide a restorative option for
persons alleged to have caused harm in violation of a criminal statute or who
have been charged with violating a criminal statute as well as for victims or
those acting on a victim’s behalf who have been allegedly harmed by the
person referred to the program. The diversion program can accept referrals to
the program as follows:
       (A) Pre-charge by law enforcement or prosecutors pursuant to a
policy adopted in accordance with subdivisions (c)(1)-(2) (c)(1) and (2) of this
section.
       (B) Post-charge by prosecutors for persons charged with a first or a
second misdemeanor or a first nonviolent felony, or other offenses as the
prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.
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     (C) Post-charge by prosecutors of persons who have been charged
with an offense and who have substance abuse or mental health treatment
needs regardless of the person’s prior criminal history record, except a person
charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall
not be eligible under this section. Persons who have attained 18 years of age
who are subject to a petition in the Family Division pursuant to 33 V.S.A.
chapter 52 or 52A shall also be eligible under this section. Programming for
these persons is intended to support access to appropriate treatment or other
resources with the aim of improving the person’s health and reducing future
adverse involvement in the justice system.
                                 ***
   (f) Records; deletion and expungement sealing.
                                 ***
  (5) Post-charge diversion records expungement sealing. Within 30 days
after the two-year anniversary of a successful completion of adult post-charge
diversion, the court shall provide notice to all parties of record of the court’s
intention to order the expungement sealing of all court files and records, law
enforcement records, fingerprints, and photographs other than entries in the
adult court diversion program’s centralized filing system applicable to the
proceeding. However, the court shall not order expungement sealing if the
participant does not satisfy each of subdivisions (A)–(C) of this subdivision.
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The court shall give the State’s Attorney an opportunity for a hearing to
contest the expungement sealing of the records. The court shall expunge seal
the records if it finds:
      (A) two years have elapsed since the successful completion of the
adult post-charge diversion program by the participant;
      (B) the participant has not been convicted of a subsequent felony or
misdemeanor during the two-year period, and no proceedings are pending
seeking such conviction; and
      (C) the participant does not owe restitution related to the case.
  (6) Expungement of sealed records. The court may expunge any records
that were sealed pursuant to this subsection prior to July 1, 2018 unless the
State’s Attorney’s office that prosecuted the case objects. Thirty days prior to
expunging a record pursuant to this subdivision, the court shall provide written
notice of its intent to expunge the record to the State’s Attorney’s office that
prosecuted the case. [Repealed.]
  (7) Post-charge diversion case index.
      (A) The court and the Office of the Attorney General shall keep a
special index of post-charge diversion cases that have been expunged sealed
pursuant to this section together with the expungement 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, date of case closure, location of
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programming, and the criminal offense that was the subject of the
expungement sealing.
     (B) The special index and related documents specified in subdivision
(A) of this subdivision (7) shall be confidential and shall be physically and
electronically segregated in a manner that ensures confidentiality and that
limits access to authorized persons.
     (C) Inspection of the expungement sealing order and the certificate
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.
     (D)     The Court Administrator shall establish policies for
implementing subdivisions (5)–(9) of this subsection (f).
  (8) Effect of expungement sealing. Except as otherwise provided in this
section, upon the entry of an order expunging files and records under this
section, the proceedings in the matter shall be considered never to have
occurred; all index references thereto shall be deleted; and the participant, the
court, law enforcement officers and departments, prosecutors, the referring
entity, and the diversion program shall reply to any request for information
that no record exists with respect to such participant inquiry in any matter.
Copies of the order shall be sent to each agency, entity, or official named
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therein Procedures for sealing, the effect of sealing, and access to sealed
records shall be as provided in 13 V.S.A. § 7607.
  (9) Expungement Sealing applicability. The process of automatically
expunging sealing records as provided in this section shall only apply to those
persons who completed diversion on or after July 1, 2002 2026. Any person
who completed diversion prior to July 1, 2002 must apply to the court to have
the person’s records expunged.       Expungement Sealing shall occur if the
requirements of this subsection are met.
                                  ***
Sec. 3. BURLINGTON COMMUNITY JUSTICE CENTER; ADULT
    DIVERSION PILOT; CRIMINAL MUNICIPAL ORDINANCE
   VIOLATIONS
   Notwithstanding the limitation in 3 V.S.A. § 164(a)(2) relating to restorative
options for persons alleged to have caused harm in violation of a criminal
statute or who have been charged with violating a criminal statute, the referral
of criminal municipal ordinance violations to the Burlington Community
Justice Center is authorized under 3 V.S.A. § 164 from January 1, 2026, until
July 1, 2027.
Sec. 4. EFFECTIVE DATES
   (a) This section and Sec. 3 shall take effect on passage.
   (b) Secs. 1 and 2 shall take effect on July 1, 2026.