In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Vermont, criminal records, including arrests, convictions, and other proceedings, are generally accessible to the public. However, Vermont law does provide mechanisms for expungement or sealing of criminal records under certain conditions. Expungement effectively erases the record, while sealing restricts access to the record, primarily to government entities and for specific legal proceedings. Vermont statutes outline the eligibility criteria for expungement or sealing, which may include the nature of the offense, the amount of time that has passed since the offense or completion of the sentence, and the individual's criminal history. Certain records, such as juvenile records, are not typically available to the public. Additionally, Vermont judges have the discretion to seal documents or close hearings to protect sensitive information, individuals involved in the case, or national security interests. The specifics of these laws and the process for sealing or expungement can be found in Vermont's statutes, and individuals seeking such relief are often advised to consult with an attorney to navigate the legal requirements.