Requesting expungement

If you have been substantiated for child abuse and neglect in Vermont, you may request a review to have your registry record expunged (removed) after it has been listed:

For at least three (3) years if:

  • Your name was added to the Registry before July 1, 2009.
  • Your name was added to the Registry on or after July 1, 2009 and your child protection level1 is 2.
  • You were substantiated before you turned 18. If you were substantiated before age 10, your record will be automatically removed when you turn 18 — provided you have had no subsequent registry records.

For at least seven (7) years if:

  • Your name was added to the Registry on or after July 1, 2009 and your child protection level1 is 1.

What happens if I request a review to have my record expunged?

You’ll be given the chance to present evidence and witnesses that support your request for removal. You have the burden of proving that a reasonable person would believe you no longer present a risk to the safety or well-being of children.

The Commissioner will consider:

  • The nature and number of substantiations
  • The amount of time that has passed since a substantiation
  • The circumstances of the substantiation and whether a similar incident is likely
  • Activities that reflect attest to your changed behavior or circumstances (e.g., therapy or employment)
  • References that attest to your good moral character

You will be notified of the Commissioner’s decision. If your request is denied, you may appeal the decision to the Human Services Board.


How do I request a review?

  1. Print and complete this form
  2. Mail your completed and signed form to:

Vermont Department for Children and Families
Commissioner's Registry Review Unit
280 State Drive, HC 1 North
Waterbury, VT 05671-1080
Registry.Review@vermont.gov


What if I have questions?

If you have questions about requesting expungement of your registry record, call (802) 241-2321.


Footnotes:

1. For individuals placed on the Registry on or after July 1, 2009, the registry record includes a designated child protection level, based on the risk of future harm to children:

  • Level 1 is assigned if:
    • The substantiation involves substantial child endangerment;
    • There are court adjudications for related conduct; or
    • There is a high risk of future harm.
  • Level 2 is assigned for all other substantiations.