Felonies, Misdemeanors And Civil Violations in Vermont

In the state of Vermont, offenses are generally classified as felonies and misdemeanors. Unlike most U.S. states, Vermont’s criminal justice system does not have further classifications for crimes. Felonies and misdemeanors are not designated by classes. Every offense or act of violation has an accompanying penalty in its defining statute.

The Vermont criminal statutes provide definitions, penalties, and sentencing guidelines for offenses in the state. Criminal cases in Vermont are typically adjudicated in the state's criminal courts. Individuals interested in obtaining Vermont criminal court records can submit requests to the court where the proceedings occurred. Alongside the types of criminal records, Vermont statutes of limitations define the timeframe for filing charges in the state.

What Is A Felony In Vermont?

Felonies are offenses punishable by a maximum imprisonment term of more than two years. Severe felonies, like murder and rape, may attract life imprisonment or the death penalty (13 V.S.A. § 1). There are no general penalties for felonies; each offense has applicable terms of imprisonment and fines in its defining statute. For example, persons convicted of treason may get the death penalty (13 V.S.A. § 3401). Aggravated murder is also classified as a felony. Persons guilty of this crime may be sentenced to imprisonment for life without the possibility of parole or any other form of relief (13 V.S.A. § 2311). However, persons charged with justifiable homicide may be held guiltless (13 V.S.A. § 2305).

Persons charged with aiding the commission of a felony may be served the same penalty as the person who committed the crime (13 V.S.A. § 3).

What Are Some Examples Of Felonies In Vermont?

Some examples of felonies in Vermont include:

Burglary: A person is guilty of burglary if he or she enters an unauthorized building or structure (13 V.S.A. § 1201). If the structure is a public space, a person commits burglary if:

• They secretly remain in the place when it is no longer open to the public
• They remain in the place when they are no longer authorized to do so

Persons convicted of burglary may get sentences up to 15 years and/or pay fines of up to $1,000. Note that penalties for burglary offenses may vary based on circumstances around the incident. If the offender held a dangerous weapon, the maximum jail term and fines increase to 20 years and $10,000, respectively. The penalty increases to 20 years if the act occurred in an occupied residence.

Assault and Robbery: assault and robbery occur when an offender assaults and then proceeds to rob victims of their properties. The penalties for the crime also depend on attending or aggravating circumstances. Persons convicted of assault and robbery may be sentenced to up to 10 years in state prison. If the perpetrator was armed with a dangerous weapon in the commission of the act, it is punishable by up to 15 years and no less than one year in state prison. If another person suffers bodily injury in the attempt or commission of the act, the perpetrator may be sentenced to up to 20 years in state prison (13 V.S.A. § 608).

First-degree aggravated domestic assault: It’s a first-degree domestic assault if a person carelessly or deliberately causes serious bodily harm to a family member or a member of their household. However, it becomes aggravated assault if the person is armed with a dangerous weapon in the process of committing the crime

First-degree aggravated domestic assault is punishable by a prison term of up to 15 years in state prison and fines up to $25,000. (13 V.S.A. § 1043).

Other examples of felonies in Vermont include:

• Bigamy
• Arson
• Setting fires
• Aggravated assault
• Aggravated stalking
• Making or having burglars’ tools
• Hate-motivated crimes
• Rioters injuring a building or vessel
• Burning forests
• Escape and attempts to escape
• Malicious injuries caused by explosives
• Possession of a destructive device
• Placing a hoax device
• Counterfeiting coin
• Making an imitation of gold or silver
• Counterfeiting paper money
• Domestic terrorism
• Kidnapping
• Custodial interference
• Maiming
• Slave traffic
• Perjury
• Grand larceny
• Lewd and lascivious conduct
• Possession and use of weapons of mass destruction

Can I get a Felony Removed from a Court Record in Vermont?

Yes, you can remove records of specific felony arrests and convictions from court records in Vermont. If a person is charged with a felony but not convicted, records relating to the arrest or citation may be sealed within 60 days if:

• The court does not determine probable cause at the trial
• The case is dismissed before trial
• The person is acquitted of the crime
• The charges are dismissed with prejudice

Persons with no convictions may file an expungement or sealing petition with the court at any time. The court may grant the petition if it determines that sealing or expunging the records is in the interest of justice. For records that are already sealed, the court will issue an order for expungement eight years after the sealing date (13 V.S.A. § 7603).

Offenders may file a petition to expunge conviction records under these conditions:

• All the conditions of the sentence, including probation and fines, have been met
• It has been 10 years since all the conditions were completed
• The person has not been convicted of any additional felonies in the last seven years

The court may choose to seal the record if it decides that sealing the records serves the interest of justice better than expungement. (13 V.S.A. § 7602).

Persons who are 18 - 21 years old at the time of the commission of a qualifying offense may request a sealing or expungement of their records. Their application may be filed 30 days after all conditions of their sentence have been met. The court may grant the expungement if it is found to be in the interest of justice. However, expungement orders may not be granted for records containing qualifying and non-qualifying offenses (13 V.S.A. § 7609).

Felonies that are eligible for expungement include:

• Grand larceny
• Unlawful mischief
• Felony related to fraud or deceit
• Burglary (except for burglary in an occupied residence)

All offenses that have been unconditionally pardoned by the governor are also eligible to be expunged. Except where otherwise provided by statutes, all other felonies are not eligible to be expunged or sealed. If a person’s petition for expungement is denied, they are generally required to wait two years before filing another petition (13 V.S.A. § 7605). However, this may not apply if the court authorizes a shorter waiting period.

Is Expungement The Same As Sealing Court Records In Vermont?

In Vermont, expungement is not the same as sealing court records. When a record is expunged, it is completely and permanently removed from all state agency databases. If it is sealed, the record is kept confidential and becomes inaccessible to the public. However, sealed records may still be available to the courts, law enforcement agencies, and other authorized persons or bodies.

When records are expunged or sealed in Vermont, the subject of the record will henceforth be treated as if they were never arrested or convicted of the offense. If the person is asked about the offense that was expunged, they may respond that they have no existing criminal records.

The court keeps special indexes of expunged and sealed records together with the accompanying order. For expungements, the index may only contain:

• The name of the person convicted
• Their date of birth
• The docket number
• The offense that was expunged

The indexes are kept confidential and only accessible to authorized persons (13 V.S.A. § 7606).

How Long Does a Felony Stay on Your Record in Vermont?

In Vermont, felonies typically stay on a person’s criminal history record permanently if they are not expunged or sealed. A felony conviction may have other consequences in addition to fines and imprisonment. These include:

• A loss of voting rights
• A loss of the right to bear or own
• Ineligibility for education opportunities
• Ineligibility for jobs that require professional licenses

Expungement and sealing of criminal records may enable convicted persons to regain their civil rights and be eligible for other opportunities.

What is a Misdemeanor in Vermont?

In Vermont, misdemeanors are less serious crimes than felonies. The state statutes designate all other criminal offenses that are not felonies as misdemeanors (13 V.S.A. §1). Offenses designated as misdemeanors are punishable by prison terms of no more than two years. Offenders may also pay fines for misdemeanor convictions. Misdemeanors in Vermont are not graded by class; the state imposes specific penalties for each offense.

What are some examples of Misdemeanors in Vermont?

Examples of misdemeanors in Vermont include:

Home improvement fraud: it’s a home improvement fraud if the offender makes a contract valued at $500 or more for home improvement with a homeowner and:

• Failed to do parts or all of what was agreed
• Refused to make refunds if the owner requests
• Used deceptive means to induce the homeowner to make a contract
• Used deceptive means to modify the terms of the original contract
• Misrepresent facts relating to the contract
• Charges excessively for goods and services when there is a state of emergency

If the homeowner incurred up to $1,000 in loss, offenders may spend more than two years in jail or pay fines up to $1,000. However, an offender may get up to a 3-year jail term or up to $5,000 in fines if the loss exceeds $1,000 (13 V.S.A. § 2029). Persons who are convicted of home improvement fraud may have their names registered in the Home Improvement Fraud Registry.

Other misdemeanors in Vermont include:

• Cruelty to animals
• Voyeurism
• Prostitution
• Unlawful trespass
• Obscenity
• Disturbing a funeral service
• Interfering with meters
• False alarms to public safety agencies
• Tampering with facilities
• False advertising
• Burning a cross or other religious insignia
• Criminal threatening
• Shoplifting
• Barratry
• Simple assault
• Noise in the nighttime
• Disorderly conduct
• Reckless endangerment
• Stalking
• Interference with access to emergency services

Can I Get a Misdemeanor Removed from a Record in Vermont?

Most misdemeanors may be removed from Vermont criminal history records. Non-conviction records are eligible for expungement or sealing after 60 days. Non-conviction records include dismissed arrest charges or citations.

Offenders may also expunge or seal convictions for specific misdemeanors. However, offenders are unable to expunge violent crimes and sex-related convictions if the incident occurred after their 21st birthday.

Applicants seeking to expunge or seal records are typically required to have fulfilled these conditions attached to the court conviction. Furthermore, they may file for expungement five years after completing the court-imposed conditions. Non-expungeable misdemeanors include the following:

• Domestic assault
• Stalking
• Prostitution
• Reckless endangerment
• Violation of an abuse prevention order
• Predicate offenses

The 13 V.S.A. § 7602 outlines the requirements and guidelines for the expungement of criminal history records.

Can a DWI Be Expunged in Vermont?

Records of first-time DWI convictions are sealable if they lead to bodily injury or death to another person. However, DWI offenses are not expungeable (13 V.S.A. § 7602 (g)). The court may grant a petition to seal DWI convictions under these conditions:

• All the terms of the sentence, including fines and probation, have been met
• 10 years have passed since all the terms of the sentence were completed
• The person has only one DWI conviction and has not been convicted of another crime

What constitutes a Civil Violation in Vermont?

In Vermont, civil violations are not considered criminal offenses. They include municipal ordinance, minor traffic, and fish and wildlife violations. Civil violations are not punishable by imprisonment, but they are punishable by fines, community service, forfeiture, or any penalty other than imprisonment or death.

What Are Some Examples Of Civil Violations in Vermont?

Some examples of civil violations in Vermont include:

• Fish and wildlife violations
• Posting utility poles
• Posting on private property
• Cutting ice and not fencing a hole
• Unauthorized removal of books from a library
• Removal of surveying monuments
• Failure to obey lane control signals
• Driving on roadways laned for traffic
• Driving through a safety zone
• Illegal turning at intersections
• Failure to use required signals
• Failure to yield the right-of-way to pedestrians

Can Civil Violations be Expunged from a Vermont Criminal Court Record?

Civil violations are not listed among the offenses that qualify for expungement in Vermont. Traffic violation charges are sent to the Department of Motor Vehicles (DMV), which operates driving records on a point system. The DMV adds points to the driving records of persons found guilty of traffic infractions. Accumulated points may result in a loss or suspension of driving privileges.

What is Deferred Adjudication in Vermont?

Per 13 V.S.A. § 704, a deferred sentence occurs when the court defers sentencing and places a defendant on probation. For a deferred sentencing to occur, defendants must first plead guilty to the offense and subsequently enter a written agreement with the state’s attorney and the court. With that being said, not all defendants are eligible for a deferred sentencing in Vermont. The court determines eligibility after confirming the following:

• The defendant is not being sentenced for crimes like stalking and domestic assault.
• The presentence investigation did not reveal any obstacles to the court’s decision.
• The victim has submitted a written or oral statement concerning the sentence deferment.
• The deferment is in the interest of justice.
• The defendant is not on trial for sexual crimes committed against a minor.

Types of Crimes Eligible for Deferred Adjudication in Vermont

In Vermont, eligible crimes for deferred sentencing include less-severe crimes that do not contain elements of violence or sexual conduct. For instance, criminal cases such as theft and arson may be eligible for deferred sentencing, depending on the circumstances surrounding the incident.