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News Release — Addison County State’s Attorney

Oct. 5, 2018

Contact

Dave Silberman – (626) 864-2147

Dennis Wygmans – (802) 388-7741

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Expungement Clinics for Cannabis Misdemeanor and All Other Qualifying Offenses To Be Held In Middlebury

Friday, October 12th, from 1:30 to 4:30 at the Addison County Court House (Probate Court Room), Middlebury

Sunday, October 28th, from 2pm to 4:30pm, at the Middlebury College Kirk Alumni Center, 217 Golf Course Road, Middlebury

MIDDLEBURY, VT, October 5, 2018:

Addison County State’s Attorney Dennis Wygmans and Middlebury attorney and drug policy reform advocate Dave Silberman are pleased to announce two “Expungement Clinics” in October, and invite anyone who has ever been charged with or convicted of misdemeanor marijuana offenses in Addison County, as well as all other qualifying offenses, to clear their records with minimal hassle.

These events are co-sponsored by Vermont Legal Aid, the Center for Justice Reform at Vermont Law School, the Pennywise Foundation, and the Addison County State’s Attorney Office.

At these clinics, volunteer attorneys will provide legal advice and assistance to community members to prepare and file expungement petitions. Most misdemeanor crimes, as well as some non-violent felonies, qualify for expungement under Vermont law (13 VSA §§7601, et seq.). Addison County State’s Attorney Dennis Wygmans will review and sign off on requests for expungement if the conviction qualifies under the law, including those unrelated to cannabis.

Despite current Vermont law allowing anyone aged 21 or over to possess and grow cannabis for their personal possession, thousands of Vermonters who were previously arrested, tried, and convicted for exactly that continue to suffer from the collateral consequences of their perhaps decades-old run-ins with the criminal justice system.

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“The so-called ‘War on Drugs’ continues to actively harm those individuals unfortunate enough to get caught in its net – disproportionately impacting minorities and those on the lower rungs of the socio-economic ladder. Vermont has already decided, as a state, that growing and using marijuana shouldn’t be a crime, and yet so many people continue to carry the burdens of their previous convictions,” said Dave Silberman, who has lobbied extensively on a volunteer basis for reforming Vermont’s drug laws.

“By obtaining expungement, those of us who’ve been unfairly targeted in the past can finally clear our records, and no longer have to worry about the lifetime of negative repercussions that past arrests continue to have on our job prospects, eligibility for federal benefits like student loans, and our general standing in the community. I’m so proud to partner with Dennis Wygmans, Vermont Legal Aid, the Center for Justice Reform, and the Pennywise Foundation to bring this long-overdue reform to Addison County.”

In recognition of recent change in state law and shifting attitudes toward marijuana, as well as a desire to assist in clearing all qualifying offenses from citizens’ records, the Addison County State’s Attorney office has agreed to stipulate to the expungement of all qualifying convictions that occurred in Addison County.

“I am dedicated to the concept of accountability and reparations in the criminal context. To be truly rehabilitated, one has to acknowledge what they did was wrong, address a means to avoid doing wrong in the future, and pay a debt to the community. That debt can range from an apology and restitution all the way to a jail sentence,” said Addison County State’s Attorney Dennis Wygmans. “I also whole heartedly believe that once you’ve paid that debt, a criminal conviction should not haunt you forever.

“Unlike years ago, where an individual’s criminal past could remain largely hidden, information is easily and readily available to discover. Due to this fact, someone who committed a crime decades ago could be denied a job, an apartment, or a loan based upon that conviction. That is unfair for those who have since remained law abiding citizens, and as a public servant and an attorney, I feel that it is my duty to help people exercise their rights under the law.”

Laura Subin, Executive Director of the Pennywise Foundation agrees. “I’m encouraged by the efforts emerging around the state to help people clear their records and move forward without the stigma of criminality,” said Subin. “Expungement is sound public policy that fosters people’s ability to move forward and contribute economically and otherwise. The Pennywise Foundation is glad to be in a position to helping ease the burdens of expungement, which unfortunately does not happen automatically under Vermont law. Current requirements that individuals file a petition and pay the courts a $90 fee are huge barriers to some, hurting most those who have the least. Pennywise is proud to stand up and say ‘this is wrong’, and we hope to be involved in legislative advocacy that will make expungement of eligible crimes happen automatically and for free.”

Individuals seeking to participate in these clinics should bring valid government-issued ID and records or information about their convictions, if possible. However, volunteers will have the ability to look up the offense, based on name and date of birth. An application fee of $90 is charged by the court for each docket — checks or money orders can be made out to the Vermont Superior Court. Need-based fee waivers are available from the court, depending on income, and additional financial assistance will be provided by the Pennywise Foundation and community partners.

If an individual cannot attend either day and would like advice or assistance about clearing their qualifying offenses, they can contact attorneys at Vermont Legal Aid by calling 1-800-889-2047, or by filling out an online intake at https://vtlawhelp.org/vlh-intake.