Docket No.: 1127-10-13 Bncr
Court: Vermont Superior Court – Criminal Division, Bennington Unit
Petitioner: Justin-Ames Gamache
Date: March 2025

Mr. Justin-Ames Gamache has filed a legally sound and statutorily supported Petition for Expungement under 13 V.S.A. § 7602 and § 7606. This petition is currently active and has not been dismissed or denied. The relief sought is rooted in established Vermont expungement law and follows procedural and substantive legal standards.

Legal Basis for Expungement
Pursuant to 13 V.S.A. § 7602(c), a Vermont court shall grant a petition for expungement of a criminal history record if the following statutory conditions are satisfied:

Ten years have passed since the successful completion of the sentence;
The petitioner has not been convicted of a felony within the last seven years;
The petitioner has not been convicted of a misdemeanor within the last five years;
All restitution and surcharges have been paid in full (or waived); and
The court finds that expungement is in the interests of justice.
Mr. Gamache meets all of these statutory conditions:

He was convicted solely of a misdemeanor offense of Impersonation of Officer under 13 V.S.A. § 3002, with no incarceration served and the sentence fully suspended;
He successfully completed all sentence terms by 2014 and has remained conviction-free since; All court-ordered restitution and financial obligations have been fulfilled;
The offense is not a “listed crime” under 13 V.S.A. § 5301(7), nor is it a “predicate offense” as defined under 13 V.S.A. § 7601(3); Expungement clearly serves the interests of justice, given Mr. Gamache’s sustained rehabilitation and absence of re-offense for over a decade.

Precedent and Judicial Guidance

In State v. Justin A. Gamache, Docket No. 23-AP-019, the Vermont Supreme Court acknowledged that a legal error in the classification of the offense may serve as grounds for reconsideration. This directive further affirms that Mr. Gamache's petition has legal merit and must be reviewed under the correct statutory framework, recognizing that the prior misclassification of his offense as a predicate offense was contrary to law.

Additionally, under 13 V.S.A. § 7606, once the court determines that the statutory criteria are satisfied, it is authorized and obligated to issue an Order of Expungement and to seal or destroy all related criminal history records.

Privacy and Due Process Considerations
Federal and state privacy protections reinforce Mr. Gamache’s right to the integrity and confidentiality of his records. Under the Privacy Act of 1974, 5 U.S.C. § 552a(b):

“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.”

Improper disclosure or reliance on uncharged allegations in this matter would contravene both federal privacy law and Vermont’s statutory emphasis on convictions, not narrative claims, as the basis for criminal record retention.

 
Conclusion
Mr. Justin-Ames Gamache’s Petition for Expungement meets the legal and statutory threshold for removal from the State of Vermont’s criminal history records. The case is proceeding without prejudice and remains valid under Vermont law. Expungement at this stage is not only warranted but mandated under the plain language of 13 V.S.A. §§ 7602 and 7606, and further supported by Supreme Court guidance in Docket No. 23-AP-019.

Mr. Gamache continues to assert his rights under state and federal law, and seeks only the fair and lawful administration of justice.