There are many people who feel a criminal record is something that will follow them for the rest of their lives, and in some situations, this is exactly what happens. However, there are instances when a person may be able to have their criminal record expunged. This means that their criminal past may not necessarily hunt them for the rest of their lives. However, to understand the intricacies and the nuances of expungement law in the state of Vermont, a person will want to work directly with a law firm in Vermont to learn more.
What Crimes Qualify for Expungement
The thing that must be remembered is that not all crimes qualify for expungement. A good rule of thumb is that most misdemeanors can be expunged through specific legal processes. However, things such as DUI, stalking, domestic violence, reckless endangerment, unlawful restraint or unlawful restraint of a child, abuse or neglect of an adult, or a violation of a protective order are not subject to expungement. As it relates to felonies, grand larceny, or unlawful mischief which resulted in damages over $1000 are the only two felonies that can be expunged by the Vermont courts.
The Process of Expunging a Criminal Record
In order to start the process of petitioning for expungement, the first thing a person will need to do is have legal representation provided by a law firm in Vermont. The attorney can assist with filing all the necessary paperwork to petition the courts for expungement. Once the fees are paid, any petition will need to cross the desk of a prosecuting attorney in order to receive their approval.
Once this happens, a hearing will be set and any victims related to the misdemeanor or felony charge that a person is trying to have expunged will have the opportunity to make a statement during this hearing. After the hearing has concluded, the judge presiding over the hearing will make a decision to allow or deny expungement.
There are times when a criminal past can be rather troublesome in terms of a person getting on with their lives. That’s why, if you have a criminal record but you notice the crimes you have committed in the past qualify for expungement, it may be something you’ll want to discuss with Jason J. Sawyer, Attorney & Counselor at Law.
