§ 8017. Savings and transitional provisions
§ 8017. Savings and transitional provisions (a) This chapter applies to collateral consequences whenever enacted or imposed, unless the law creating the collateral consequence expressly states that this chapter does not apply. (b) This chapter does not invalidate the imposition of a mandatory sanction on an individual before July 1, 2014, but a mandatory sanction […]
§ 8013. Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights
§ 8013. Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights (a) When a petition is filed under section 8010 or 8011 of this title, including a petition for enlargement of an existing order of limited relief or certificate of restoration of rights, the court shall notify the office […]
§ 8014. Reliance on order or certificate as evidence of due care
§ 8014. Reliance on order or certificate as evidence of due care In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief or a certificate of restoration of rights may be introduced as evidence of a person’s due care in hiring, retaining, licensing, leasing to, admitting to a school […]
§ 8015. Victim’s rights
§ 8015. Victim’s rights A victim of an offense may participate in a proceeding for issuance of an order of limited relief or a certificate of restoration of rights in the same manner as at a sentencing proceeding pursuant to section 5321 of this title to the extent permitted by rules adopted by the court. […]
§ 8016. Uniformity of application and construction
§ 8016. Uniformity of application and construction In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
§ 8007. Authorization required for mandatory sanction; ambiguity
§ 8007. Authorization required for mandatory sanction; ambiguity (a) A mandatory sanction may be imposed only by statute or ordinance or by a rule adopted in the manner provided in 3 V.S.A. §§ 836-844. A law or rule shall impose unambiguously a collateral consequence in order for a court to impose a collateral consequence. (b) […]
§ 8008. Decision to disqualify
§ 8008. Decision to disqualify In deciding whether to impose a discretionary disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts […]
§ 8009. Effect of conviction by another state or the United States; relieved or pardoned conviction
§ 8009. Effect of conviction by another state or the United States; relieved or pardoned conviction (a) For purposes of authorizing or imposing a collateral consequence in this State, a conviction of an offense in a court of another state or the United States is deemed a conviction of the offense in this State with […]
§ 8010. Order of limited relief
§ 8010. Order of limited relief (a) An individual convicted of an offense may petition for an order of limited relief from one or more mandatory sanctions related to employment, education, housing, public benefits, or occupational licensing. The individual seeking an order of relief shall provide the prosecutor’s office with notice of his or her […]
§ 8011. Certificate of restoration of rights
§ 8011. Certificate of restoration of rights (a) An individual convicted of an offense may petition the court for a certificate of restoration of rights relieving mandatory sanctions not sooner than five years after the individual’s most recent conviction of a felony or misdemeanor in any jurisdiction, or not sooner than five years after the […]