Vermont Class B Misdemeanors

Vermont law (13 V.S.A. § 1) defines misdemeanors as crimes punishable by two years of imprisonment or less. Felonies, on the other hand, can result in sentences of more than two years in prison, life imprisonment, or even death.

The state does not further classify misdemeanors and felonies into Class A or Class B tiers, unlike states like New York or New Hampshire. Instead, criminal laws specify penalties for each offense. However, certain crimes, such as arson, are subdivided into degrees to clarify their severity and corresponding punishments.

Understanding Vermont misdemeanors is crucial for grasping the different prosecutorial procedures, methods for expunging criminal records (including Vermont Criminal Court Records), and the consequences that follow a conviction.

Common Examples of Class B Misdemeanors in Vermont

Vermont historically referred to Class B misdemeanors as offenses punishable by up to one year in prison, according to the legislature’s Act 61 Reclassification Report of 2015. However, since the state repealed the class system, most misdemeanors maintained their penalties while others were slightly modified. Many low-level misdemeanors in Vermont carry a six-month punishment similar to Class B misdemeanors in other jurisdictions.

The following represent common lower-level misdemeanor crimes known by law enforcement in the State of Vermont:

• Petit larceny (13 V.S.A. § 2502)
• Retail Theft (13 V.S.A. § 2577)
• Unlawful mischief (13 V.S.A. § 3701)
• Disorderly conduct (13 V.S.A. § 1026)
• Simple trespass (13 V.S.A. § 3705)

Statute of Limitations for Class B Misdemeanors in Vermont

A statute of limitations is a law that prevents prosecutors from trying a case after a specific period post offense. According to 13 V.S.A. § 4501, most misdemeanors in Vermont become time-barred after three years.

However, some serious misdemeanor crimes in the state, such as fraud (33 V.S.A. § 143) and sexual activity with a vulnerable adult (13 V.S.A. § 1379), have longer statutes of limitations.

Legal Penalties for Class B Misdemeanors

The State of Vermont specifies punishments for each offense, rather than grouping them by classes. State law only provides legal definitions for felonies and misdemeanors. Individuals may refer to Vermont’s statutes, such as Title 13 (Crime and Criminal Procedure), to confirm the statutory punishment for any crime.

In jurisdictions where misdemeanors are categorized into alphabetic classes, Class B offenses typically carry the second-highest penalties. These sentences usually have a maximum penalty of a few months or closer to one year in jail, as well as fines ranging from $1,000 to $2,000. However, no two jurisdictions have identical classifications for misdemeanors.

Court Process for Class B Misdemeanors

Misdemeanor prosecutions typically begin with an arrest or a notice to appear in court. This process usually follows a criminal investigation, although police officers can make arrests after witnessing alleged offenses. Judges typically rule on bail and release conditions for lower misdemeanor offenses, which means suspects are not usually detained during criminal trials.

The next step is usually the arraignment, where the individual receives official information about their charges and enters a plea of either guilty, not guilty, or no contest.

Every case has a pretrial process following arraignment, during which the State's Attorney and the defendant’s counsel can negotiate the terms of a plea agreement. In such situations, suspects are offered the option to plead guilty to reduce their sentence or admit to a lesser charge. Victims have the right to be informed about such negotiations.

The case enters the trial stage if negotiations fail. During this process, prosecutors must prove the defendant's guilt beyond a reasonable doubt. Vermont law grants defendants the right to jury trials regardless of the crime's maximum punishment.

After reviewing the evidence and arguments from both parties, the court will determine whether the person is guilty or not guilty. Sentencing will be scheduled if the court finds the defendant guilty or receives a no contest or guilty plea. Sentencing is a court hearing presided over by a judge to determine the appropriate prison sentence or fine for a defendant, as determined by the law. During this hearing, the judge can review statements from the defendant and victim to consider aggravating or mitigating factors.

It is essential to engage the services of an attorney during criminal proceedings, as some cases may be particularly complex and unique.

How Class B Misdemeanors Affect Your Criminal Record

Lower misdemeanor offenses in Vermont can result in a permanent criminal record, particularly if a person is convicted. These records usually lead to long-term employment, housing, and financial consequences. For example, a DUI record may disqualify a person from employment that requires a professional or commercial driver's license. DUI convictions can also lead to higher car insurance premiums. However, a record’s impact on a person’s life largely depends on the nature of the offense.

In some cases, individuals can seal or expunge their records, depending on their circumstances. This relief may help them return to a normal life.

Differences Between Class B Misdemeanors and Other Offenses

The primary distinction between misdemeanors and felonies in Vermont lies in the allowed maximum punishment. However, there are other notable distinctions between lower misdemeanors and other offenses (such as felonies and the most serious misdemeanors). These differences include eligibility and waiting periods for sealing criminal histories, post-conviction consequences, and courtroom proceedings.

For example, eligible lower-level misdemeanor convictions, apart from DUI misdemeanors, can be sealed after three years, while eligible felony convictions have a seven-year waiting period. At the same time, DUI misdemeanors require applicants to wait 10 years before submitting requests to seal.

Furthermore, 3 V.S.A. § 164 allows individuals charged with first and second misdemeanor offenses to participate in a court diversion program, provided they accept the imposed terms. While the program is open to some first-time nonviolent felony offenders, other felonies are ineligible.

How to Check for Class B Misdemeanors in Court Records

Requests for misdemeanor court records can be submitted to the court in charge of the case by mail, email, or hand delivery. The Vermont judiciary provides a form for such inquiries, along with contact information, including physical court locations and email addresses.

Most courthouses in Vermont provide free public access computers that allow members of the public to search for criminal case records by name or case number. Interested parties can contact the courthouse they intend to visit to confirm if such terminals are available.

Additionally, Vermont’s judiciary offers a free online database featuring public misdemeanor cases. Anyone can search by name or case number and filter search parameters by location and case status. The Vermont judiciary's website provides further details, including fee schedules, regarding the request process for physical searches and how to use the public portal.

Moreover, individuals can request a criminal division record search on another person or themselves by following the process on the judiciary’s criminal record checks webpage.

Can a Class B Misdemeanor Be Expunged or Sealed in Vermont?

Vermont law (13 V.S.A. § 7606) describes an expungement as a legal process that results in the destruction of a person’s criminal history record.

Individuals can apply to expunge records of misdemeanor offenses that have been repealed by the state’s legislature. However, they must have completed their supervision or sentence and paid off every related surcharge or restitution.

On the other hand, sealing, as per 13 V.S.A. § 7607, ensures that a person is treated as if they do not have a criminal record without destroying the record. However, sealed records can be accessed in specific situations and under conditions listed under 13 V.S.A § 7607.

These forms of relief can facilitate access to benefits previously unavailable to individuals with criminal histories. Individuals may lawfully state that they do not have a criminal record on employment applications, license forms, and during interviews.

Interested parties can refer to 13 V.S.A. § 7601-7603 to confirm their eligibility for sealing or expungement and understand the application process. Nonetheless, courts are required to issue orders to seal arrest and citation records 60 days after a person’s case is concluded without a conviction unless an objection is filed.

In cases where the petitioner was convicted of a misdemeanor that is eligible for sealing, a sealing request can only be submitted after three years have passed and the subject has satisfied all penalties related to the crime. However, the waiting period has exceptions:

• People aged 18 to 21 at the time of the incident can apply for sealing 30 days after completing their sentences.
• DUI misdemeanor cases require a 10-year waiting period, as long as the person is not a commercial driver’s licence holder