Summary
The Vermont Supreme Court held that 13 V.S.A. § 7603(g) permits a person charged but not convicted of a crime to petition for expungement of records related to the arrest or citation at any time. The court rejected the superior court’s interpretation limiting subsection (g) to cases in which no information or indictment was filed. It reversed and remanded for a hearing to determine whether expungement served the interests of justice.
Topics
Practice areas
Questions Presented
- Whether 13 V.S.A. § 7603(g) permits a person who was charged but not convicted to petition for expungement of a criminal-history record related to the person's arrest or citation.
- Whether defendants were entitled to a hearing under 13 V.S.A. § 7603(b) on whether expungement served the interests of justice.
Holdings
- Section 7603(g) entitles any person who has been charged but not convicted of a crime to file a petition for expungement at any time; the statute does not limit eligibility to persons arrested or cited but never charged.
- Because the State objected to expungement, the superior court was required to hold a hearing under § 7603(b) to determine whether expungement served the interests of justice.
Key quotations
“A person may file a petition with the court requesting sealing or expungement of a criminal history record related to the citation or arrest of the person at any time.” (¶ 13)
“We conclude that the plain language of § 7603(g) entitles any person who has been charged but not convicted of a crime to file a petition for expungement at any time.” (¶ 14)
“Reversed and remanded for the superior court to hold a hearing under 13 V.S.A. § 7603(b) to determine if expunging defendants’ criminal history records related to arrest or citation will serve the interests of justice.” (Disposition)
Factual background
A.P. and Z.P. were charged with several felony offenses arising from an alleged assault and kidnapping; Z.P. was also charged with two sexual-assault offenses through a juvenile petition that was transferred to the criminal division. The State later determined that it could not prove the charges beyond a reasonable doubt and dismissed all charges without prejudice. The superior court sealed the arrest-related records but denied defendants' subsequent petitions to expunge those records under 13 V.S.A. § 7603(g), while public-records requests concerning the cases remained pending.
Procedural history
Defendants were charged with felony offenses arising from an alleged assault and kidnapping. The State dismissed all charges without prejudice, and the superior court sealed the arrest-related records. The court later denied defendants' petitions for expungement and motions for reconsideration after interpreting § 7603(g) as applying only when no information or indictment had been filed. The Vermont Supreme Court granted defendants' stipulated motion to consolidate the appeals and reversed and remanded.
Remand instructions
The superior court must hold a hearing under 13 V.S.A. § 7603(b) to determine whether expunging defendants' criminal-history records related to the arrest or citation will serve the interests of justice.