Vermont Misdemeanors

A misdemeanor is a criminal offense that falls between a felony and a civil violation in terms of infractions. Vermont does not categorize misdemeanors into classes. Instead, an offense is classified as a felony if it is punishable by more than two years of imprisonment. Otherwise, if it falls below this threshold, it is categorized as a misdemeanor. Vermont sets penalties on a case-by-case basis; therefore, misdemeanors carry a maximum sentence of one or two years in a county facility along with fines, which are determined by specific statute.

What Is a Misdemeanor in Vermont?

By statute, any offense whose maximum possible sentence is more than two years (or results in a life or death sentence) is a felony. On the contrary,every other offense falls under the category of a misdemeanor. Due to this clear-cut definition, Vermont does not use tiered classifications for misdemeanors such as “Class A/B/C.” Crimes commonly charged as misdemeanors in Vermont are petit larceny, simple assault (certain types), disorderly conduct, and first-time DUIs (unless elevated).

DUI as a Misdemeanor. Operating under the influence is outlined under 23 V.S.A. § 1201. A first-time DUI offense carries up to 2 years in jail and/or a fine up to $750, as specified in 23 V.S.A. § 1210(b).

Additional consequences include mandatory screening and treatment and administrative penalties affecting the driver’s license. Repeat offenses or aggravated factors may increase penalties and, in some cases, elevate the charge to a felony.

Misdemeanor Penalties in Vermont

In Vermont, penalties are defined individually within each offense’s statute. Therefore, Vermont does not use a standardized grading system for classifying misdemeanors:

• Most misdemeanors attract a sentence between 1 and 2 years. This is served in a jail facility along with fines specific to the offense.
• There is no universal class system for misdemeanors, although some statutes (especially those involving attempts or particular conduct) define penalties as a fraction or range of the maximum sentence.

Courts may also impose additional conditions, which may include probation, restitution, no-contact orders, treatment/counseling, and community service. Monetary fees and court costs are set by statute and the Judiciary's fee structures.

Misdemeanor Court Process in Vermont

The Vermont Superior Court—Criminal Division: In each county, the Superior Court Criminal Division hears all criminal cases, including felonies and misdemeanors. They are courts of record and part of the state’s unified judiciary.

The Vermont Judicial Bureau oversees civil violations (most traffic tickets and municipal ordinance infractions). Those are not recognized ascrimes and result in fines only.

From stop to sentencing—Step by step.

1. Citation or arrest: The case begins with either of these and is followed by formal charges in the county’s Criminal Division.
2. Initial appearance/arraignment: The judge informs the defendants of their rights. A legal counsel (a public defender may be made available if you face jail time and qualify for representation). Release conditions are also set at this stage.
3. Pre-trial Phase: It includes discovery, motions, and plea negotiations. Some counties offer problem-solving dockets for specific case types.
4. Trial: Depending on the circumstances surrounding the case, a bench or jury trial in the Criminal Division may be employed to resolve cases. Moreover, jury size and procedures follow Vermont criminal rules.
5. Sentencing: The court imposes jail as applicable, fines, and other conditions permitted by law. According to statute, jail terms are typically served in county jails.

Misdemeanor Records in Major Vermont Cities

Vermont maintains a centralized Public Portal for accessing case-level criminal records throughout the state, plus county contact pages. The clerk maintains the official record; nonetheless, sealed/expunged records remain non-confidential and are not accessible online.

• Burlington (Chittenden County). The Chittenden Superior Court Criminal Division (32 Cherry St., Suite 300) handles the largest volumes of criminal cases in the state. Location and phone details are available on the Judiciary’s website and the state directory. Case information may be searched via the Public Portal, and copies are obtainable by contacting the clerk.
• Montpelier (Washington County). Criminal matters are handled in the Washington Unit—Criminal Division. Members of the public may search criminal case information using the Judiciary's Public Portal for searches and request certified copies. Individuals may also review fee schedules via the RecordsRequest Page. (The Judicial Bureau processes civil violations, including traffic and ordinance tickets issued in the Montpelier region, which operates statewide from the White River Junction.
• Rutland (Rutland County). The website of the Rutland County Criminal Division provides address and contact information on its official page. Records are accessed via the Public Portal or by requesting copies directly from the clerk.

Online payments. Fines relating to both the Criminal Division and Judicial Bureau cases may be paid online using the Judiciary’sePaymentssite. The website allows you to look up your case or citation using a name, case, or citation number.

What you typically see online: This includes the names of parties involved in the case, case number, charges with statute cited, upcoming hearings, Register of Actions entries, dispositions, sentence terms, and financial balances. For certified copies or documents not available online, you may use the Judiciary’s records request process.

How to Search for Misdemeanor Records in Vermont

Vermont provides various methods for accessing misdemeanor records via the following channels:

1. Use the Vermont Judiciary Public Portal. The Portal is the official gateway for public case information. Individuals may run a Smart Search using a name or case number or view hearing calendars. The general public may only access basic case details, and certain images are restricted from online access.
2. Pay fines or fees online. The ePayments website supports payments for Criminal Division and Judicial Bureau cases. Tickets associated with waiver penalties are often resolved entirely online.
3. Request copies or certifications. If you are unable to find the information you need on the portal, you may submit a records request to the appropriate Superior Court—Criminal Division. The Judiciary provides fee schedules for copies and certifications.
4. Need a statewide criminal-history check? Court dockets are different from criminal-history “rap sheets.” To access conviction records, individuals may verify the Judiciary’s instructions or contact the Vermont Crime Information Center (VCIC)—the state’s official repository.

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

In Vermont, misdemeanors may stay on your record for a significant length of time, although you may erase them via the following ways:

Vermont law allows for sealing and expungement of records under 13 V.S.A. ch. 230. This depends on the type of offense and the outcome of the case.

Sealing/expungement basics. The Vermont Judiciary provides public guidance and forms to help individuals determine eligibility for record sealing or expungement. Many qualifying misdemeanors may be sealed or expunged after a waiting period, provided you have completed the sentence and paid restitution or surcharges (with some exceptions).

Statutory waiting periods for sealing:

• Qualifying misdemeanors: This is possible after 3 years, provided the jail term has been completed. It also depends on factors such as whether you have paid your restitution or surcharges (it may be unnecessary to pay surcharges if the court already waived them).
• Certain other misdemeanors (listed as “qualifying” in the chapter):It may require up to 5 years, depending on the statute subsection.
• Qualifying nonviolent felony offenses: This applies if a misdemeanor was reclassified and may take up to 7 years after sentence completion (does not apply to most misdemeanors).
• Qualifying DUI misdemeanor: This may take up to 10 years after sentence completion. (DUI may be subject to longer waiting periods depending on the statute subsection.)

Cases that are dismissed or result in not-guilty verdicts are generally eligible for expungement or sealing without a waiting period. Although the judiciary forms outline the process, they are subject to statutory conditions.

You may file a petition to seal or expunge in the court of conviction. You may be required to certify the completion of the sentence and payment of financial obligations. The next step is to serve the petition to the State’s Attorney. If you meet the statutory criteria, the court “may grant” the petition (for qualifying offenses). Relief orders are issued to update records across several agencies and the Judiciary.

Sealing restricts public access to the record (although courts and law enforcement personnel retain limited access by law). Expungement removes the record from public files in accordance with public statute. Without relief, misdemeanor records remain publicly accessible for long periods of time through the Judiciary systems (subject to sealing and recent federal transparency rules that may affect civil filings).