STATE OF VERMONT
SUPERIOR COURT – CRIMINAL DIVISION
Bennington Unit
Docket No: 1127-10-13 Bncr
In re: Petition for Expungement – Justin-Ames Gamache
MOTION MEMORANDUM IN SUPPORT OF EXPUNGEMENT PETITION
NOW COMES the Petitioner, Justin-Ames Gamache, and respectfully submits this Motion
Memorandum in support of his Petition for Expungement pursuant to 13 V.S.A. § 7602 and §
7606. The Petitioner respectfully asserts that all statutory requirements for expungement have
been satisfied, and that expungement is in the interests of justice.
I. FACTUAL BACKGROUND
The Petitioner was convicted in 2013 of a single misdemeanor offense of Impersonation of
Officer, in violation of 13 V.S.A. § 3002. No additional charges were filed or pursued. The
Petitioner successfully completed all terms and conditions of his sentence by 2014 and has since
remained conviction-free. All court-ordered restitution and obligations have been fully satisfied.
II. LEGAL STANDARD FOR EXPUNGEMENT
Under 13 V.S.A. § 7602(c), a court shall grant a petition for expungement of a criminal history
record if the following conditions are met:
1. At least ten (10) years have elapsed since the date the petitioner successfully completed
the terms and conditions of the sentence.
2. The petitioner has not been convicted of a felony in the last seven (7) years.
3. The petitioner has not been convicted of a misdemeanor in the last five (5) years.
4. All restitution and surcharges have been paid in full, unless waived.
5. The court finds that expungement serves the interests of justice.
III. APPLICATION TO THE PRESENT CASE
The Petitioner meets each of the statutory requirements:
• More than 10 years have elapsed since the sentence was completed in 2014.
• The Petitioner has no new felony or misdemeanor convictions in the intervening time.
• Restitution has been fully paid.
• The offense in question is a misdemeanor and is not excluded by 13 V.S.A. §
7601(4)(A) or § 7601(3).
Furthermore, Impersonation of Officer is not a "predicate offense" under 13 V.S.A. § 7601(3).
The statute defines predicate offenses as:
“…operating a vehicle under the influence of alcohol or other substance in violation of 23 V.S.A.
§ 1201, domestic assault in violation of section 1042 of this title, and stalking in violation of
section 1062 of this title.”
The Legislature has clearly limited what constitutes a predicate offense, and Impersonation of
Officer is not included. The court’s previous treatment of the conviction as a predicate offense
constitutes a misapplication of law.
IV. VERMONT SUPREME COURT GUIDANCE
In State v. Justin A. Gamache, Docket No. 23-AP-019, the Vermont Supreme Court
recognized that if legal error in classification was found, the Petitioner could return to seek
expungement relief. This petition directly follows that directive, based on the statutory
clarification that the offense is not a predicate offense and is fully eligible for expungement
under Vermont law.
V. INTERESTS OF JUSTICE
The expungement statute places considerable weight on whether expungement serves the
interests of justice. The Petitioner has demonstrated rehabilitation, compliance with all legal
requirements, and sustained good conduct over a decade. Continued retention of this record
serves no legitimate public safety interest and poses an undue hardship to the Petitioner’s social
and professional advancement.
VI. CONCLUSION
The Petitioner has met all statutory requirements for expungement under 13 V.S.A. § 7602 and §
7606 and has shown that expungement serves the interests of justice. The Petitioner respectfully
requests that the Court:
1. Grant the Petition for Expungement, and
2. Issue an Order of Expungement in accordance with 13 V.S.A. § 7606,
3. And provide notice to all relevant agencies and entities as required by law.
Respectfully submitted,
Date: March 13, 2025
__________________________
Justin-Ames Gamache
justinamesgamacheexpunged@hushmydata.com

Additionally, I respectfully note that my sentence was fully suspended, and I served no actual
jail time. This further underscores the nonviolent and low-level nature of the offense and
supports my eligibility for expungement under 13 V.S.A. § 7602.