Vermont law

Criminal Defense Laws in Vermont.

Vermont does not classify felonies or misdemeanors into numbered classes or levels. Instead, penalties are specified on a crime-by-crime basis. A felony is any offense punishable by more than 2 years in prison; all other offenses are misdemeanors. Vermont has broad expungement and sealing laws that were significantly updated in 2025.

Last verified: 2026-02-26

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State law

Statute of Limitations

No limit for murder, sexual assault, kidnapping; 3 years for most offenses13 V.S.A. § 4501

Murder, sexual assault, aggravated sexual assault, human trafficking, arson causing death, and kidnapping have no statute of limitations. Certain serious felonies (burglary, robbery, grand larceny, embezzlement, forgery, bribery, fraud) must be charged within 6 years. All other felonies and misdemeanors must be charged within 3 years.

Exceptions

Sexual Offenses — No time limit13 V.S.A. § 4501

Aggravated sexual assault, aggravated sexual assault of a child, sexual assault, and sexual exploitation of a minor have no statute of limitations and may be prosecuted at any time.

Certain Serious Felonies — 6 years13 V.S.A. § 4501

Burglary, robbery, grand larceny, embezzlement, forgery, bribery, false claims, fraud, and lewd and lascivious conduct must be charged within 6 years of the offense.

State law

Key Vermont Statutes

Expungement and Sealing of Criminal Records13 V.S.A. §§ 7601–7606

Vermont allows expungement of records where the underlying conduct is no longer a crime, and sealing of qualifying misdemeanor convictions (after 3 years) and felony convictions (after 7 years). DUI misdemeanors require a 10-year wait. Significantly revised effective July 1, 2025.

DUI (Operating Under the Influence)23 V.S.A. § 1201

It is unlawful to operate a vehicle with a BAC of 0.08 or more (0.04 for commercial vehicles, 0.02 for school buses). First offense: up to $750 fine, up to 2 years imprisonment, 90-day license suspension. Penalties escalate with subsequent offenses and high BAC (0.16+).

Felony vs. Misdemeanor Classification13 V.S.A. § 1

Vermont does not use numbered felony classes. A felony is any offense with a potential sentence exceeding 2 years. A misdemeanor is any offense with a potential sentence of 2 years or less. Penalties are set on a crime-by-crime basis.

Right to Counsel13 V.S.A. § 5231

A needy person who is being detained or charged with a serious crime is entitled to be represented by an attorney at public expense at every stage of the proceedings.

State law

Official Sources

Vermont Legislature — Crimes and Criminal Procedure Vermont Judiciary — Expungement

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Vermont.

Criminal Defense Laws in Vermont.

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Statute of Limitations

Key Vermont Statutes

Official Sources

Not Legal Advice

Other state law topics.