Felony arrest in VT at 18 yrs old. Served probation in FL. Living in PA and want it sealed...where do I start?

Philadelphia, PA Viewed 40 times. Posted 4 months ago in Criminal Defense

Thanks, in advance, for your comments...

Arrested at 19, plead guilty to a class D (I believe) federal offense. 3 years probation served without incident in FL. Moved to PA 5 yrs later, plead guilt to criminal mischief and paid restitution (domestic dispute involving property damage $300). Now, aged 38 and desiring restoration of my civil rights..still living in PA. Where do I start? In which state should I seek a lawyer? At the time of my conviction I was told that I would be able to have my record sealed, but after this much passage of time, I'm not sure if adjudication was withheld (but think so....).

Answers (1)

Howard Woodley Bailey

This attorney is licensed in New Jersey. Posted 4 months ago.

The first question is whether you pled under the State (VT) law or under federal law. If the former, you start with the VT expungement process and can check out:
http://www.publicrecordcenter.com/vermont_public_records_expungements.htm
http://lawdigest.uslegal.com/expungement-of-criminal-records/general/6554/

If the conviction was under federal law, there is no comparable expungement process, although you could seek a Presidential Pardon. See generally http://www.usdoj.gov/pardon/pardon_instructions.htm

Assuming you did plea under VT State law, once the VT petition has been granted, you can serve a copy on all of the other states where there are records and ask that they also remove the records in their jurisdiction since the records were from the VT case that has now been expunged/sealed. I strongly suggest you get the court documents to establish in which Court the conviction occurred, and then consult with an experienced defense lawyer admitted to practice law in VT who has dealt with the expungement of crimes committed in VT, where the sentence has been served in another state. Good luck.

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This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. I do not practice law in your State, and this answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.