STATE OF VERMONT
SUPERIOR COURT – CRIMINAL DIVISION
Bennington Unit
Docket No: 1127-10-13 Bncr
In Re: Petition for Expungement – Justin-Ames Gamache

AFFIDAVIT OF JUSTIN-AMES GAMACHE IN SUPPORT OF PETITION FOR
EXPUNGEMENT
I, Justin-Ames Gamache, hereby declare under penalty of perjury under the laws of the State of
Vermont that the following statements are true to the best of my knowledge and belief:
1. I am the petitioner in the above-captioned matter and respectfully submit this affidavit in
support of my petition for expungement pursuant to 13 V.S.A. § 7602.
2. I was convicted in this matter solely of a misdemeanor charge of Impersonation of
Officer, in violation of 13 V.S.A. § 3002.
3. I was not convicted of any other charges. While the original police report may have
contained references to alleged fraudulent or deceptive behavior, these allegations did
not result in any additional convictions, nor were such charges formally filed or
pursued in this case.
4. 13 V.S.A. § 7601(4)(A) defines a "qualifying crime" as:
“a misdemeanor offense that is not: (i) a listed crime as defined in subdivision
5301(7) of this title; (ii) an offense involving sexual exploitation of children…;
(iii) a violation of a protection order…; (iv) prostitution…; or (v) a predicate
offense.”
5. The offense of Impersonation of Officer, under 13 V.S.A. § 3002, is:
o Not a listed crime under 13 V.S.A. § 5301(7).
o Not a predicate offense, as defined in 13 V.S.A. § 7601(3), which explicitly lists
only:
▪ Operating under the influence (23 V.S.A. § 1201),
▪ Domestic assault (13 V.S.A. § 1042),
▪ Stalking (13 V.S.A. § 1062),
o Therefore, the court’s prior finding that the offense constitutes a predicate
offense was in error.
6. The Vermont Supreme Court, in case 23-AP-019 – State of Vermont v. Justin A.
Gamache, recognized that a legal error in the original decision could be grounds to bring
the matter back for reconsideration. I now respectfully do so in light of the court’s
acknowledgment and the statutory language cited above.
7. I have successfully completed all terms and conditions of my sentence. I have remained
conviction-free since this incident, and there are no outstanding restitution or surcharges
in connection with this case.
8. I submit that expungement is in the interests of justice and meets all criteria under 13
V.S.A. § 7602(a)(1)(A) and (b). The offense is a qualifying misdemeanor, and the
statutory conditions for expungement have been fulfilled.
9. Any further reliance on uncharged or non-convicted allegations from the original police
report would be contrary to Vermont law, which emphasizes that expungement
eligibility is based on convictions, not unsubstantiated narrative claims.
10. I respectfully request that the Court grant this petition and issue an Order expunging the
criminal history record related to this case in accordance with 13 V.S.A. § 7606, and that
all references to this matter be removed from accessible court and law enforcement
databases.
"Furthermore, Vermont courts have routinely granted expungement petitions for
misdemeanor convictions — including impersonation-related offenses — when petitioners
have demonstrated sustained rehabilitation (completed education), compliance with all
sentencing terms, and a prolonged period without re-offense. Under 13 V.S.A. § 7602(c),
a petitioner becomes eligible for expungement after ten years, and I now present this
petition twelve years after the successful completion of my sentence. This duration exceeds
the statutory threshold and further supports a finding that expungement serves the interests
of justice."
I declare under penalty of perjury that the foregoing is true and correct.
Dated: ___________
Signed: __________________________
Justin-Ames Gamache