H 28 Vermont House · 2023-2024 Regular Session

An act relating to diversion and expungement

This bill requires courts in Vermont to automatically expunge certain records for individuals who successfully complete diversion programs for both juvenile and adult offenses. After two years, the court must notify all parties of its intent to erase court files, law enforcement records, fingerprints, and photographs unless specific conditions are not met. The court will only order expungement if the person has not committed new crimes, has been rehabilitated, and has paid all restitution owed. A state attorney can request a hearing to contest the expungement if they believe the conditions have not been satisfied. The law takes effect on July 1, 2023.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Apr 2023
House Passage
Apr 2023
Senate Passage
Apr 2023
Signed into Law
Apr 2023
Introduced Jan 10, 2023 Signed Apr 18, 2023
Maddy AI version diff · 5 comparisons

What changed between versions

As Passed by Both House and Senate (Official) As Passed by Both House and Senate (Unofficial) · 2 edits
MINOR
The unofficial version broadens the mandatory bar on expungement in both the juvenile and adult diversion sections. In the official version, the court is only explicitly barred from ordering expungement if restitution (subdivision D) is unpaid; in the unofficial version, the court is barred if any of the four conditions (A through D) are not met. The remaining differences are formatting: removal of sponsor information, committee referral details, subject line, and statement of purpose, along with renumbering and a legislative tracking number.
REQUIREMENT

In both the juvenile (Sec. 1) and adult (Sec. 2) diversion expungement provisions, the mandatory bar language changed from 'the court shall not order expungement if the participant has not paid restitution pursuant to subdivision (D)' to 'the court shall not order expungement if the participant does not satisfy each of subdivisions (A)-(D).' This expands the automatic prohibition from covering only unpaid restitution to covering all four conditions: two-year waiting period, no subsequent convictions, rehabilitation, and restitution.

TECHNICAL

The unofficial version removes the introductory header containing the sponsor (Rep. LaLonde), committee referral line, subject description, and statement of purpose that appeared in the official version.

Floor votes

How they voted

This bill passed the House by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
25
Key actions
8
Committee
5
Amendments
2
Apr 18, 2023
Signed into law
Signed by Governor on April 18, 2023
executive
Apr 12, 2023
Lower · Passed
Delivered to the Governor on April 12, 2023
lower
Apr 6, 2023
Lower · Passed
Senate Message: Passed in concurrence
lower
Apr 4, 2023
Upper · Passed
Reported favorably by Senator Norris for Committee on Judiciary, read 2nd time and 3rd reading ordered
upper
Mar 29, 2023
Upper · Passed
Favorable report by Committee on Judiciary
upper
Mar 28, 2023
Upper · Passed
Favorable report by Committee on Judiciary
upper
Jan 25, 2023
Introduced
Read 1st time & referred to Committee on Judiciary
upper
Jan 19, 2023
Lower · Passed
Report of Committee on Judiciary agreed to
lower
Jan 19, 2023
Lower · Passed
Rep. Notte of Rutland City reported for the Committee on Judiciary
lower
Jan 19, 2023
Introduced
Action Calendar: Favorable with Amendment
lower
Jan 18, 2023
Introduced
Notice Calendar: Favorable with Amendment
lower
Jan 10, 2023
Introduced
Read first time and referred to the Committee on Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Martin LaLonde
Martin LaLonde
DDemocratic
VT
Chittenden-12