STATE OF VERMONT
SUPERIOR COURT
[Judicial Unit] Division
Docket No. 1127-10-13 Bncr

 
AFFIDAVIT OF FACTS

In Support of Expungement, Declaratory Relief, and Constitutional Redress
Submitted by Justin-Ames Gamache, Pro Se Petitioner

 
I, Justin-Ames Gamache, being duly sworn under oath, do hereby declare and affirm as follows:

Personal Background
I am a resident of the State of Vermont and the Petitioner in the above-captioned matter. I submit this sworn affidavit in support of my petition for expungement pursuant to 13 V.S.A. §§ 7602–7607 and in defense of my civil and constitutional rights under the United States Constitution, Vermont Constitution, and applicable federal and state statutes.

Conviction History
In 2013, I was charged and convicted of a single misdemeanor offense under 13 V.S.A. § 3002 (Impersonation of an Officer). The court imposed a fully suspended sentence. I served no jail time. I successfully completed all conditions imposed by the court. Since the adjudication of this matter, I have not been arrested or convicted of any subsequent offense, felony, or misdemeanor.

Statutory Eligibility for Expungement
As of the date of this affidavit, I meet all statutory criteria for expungement under 13 V.S.A. § 7602(a)(1)(A) and § 7606(b). More than five years have elapsed since the conviction. I have demonstrated rehabilitation and lawful conduct in all respects. Under § 7607(d), I am entitled to be treated “in all respects as if [I] had never been convicted.”

Privacy Violations and Continued Stigma
Despite my compliance with the law and my statutory eligibility for relief, state officials and agencies—through judicial, prosecutorial, and law enforcement conduct—have continued to reference, disseminate, or otherwise rely upon this offense as a basis to deny my rights or harm my reputation. I have not consented to such dissemination, and no legitimate exception applies under 5 U.S.C. § 552a (Privacy Act) or 1 V.S.A. § 317(c)(7).

Government Misclassification and Legal Error
At various times, this conviction has been improperly treated by public officials and agencies as a disqualifying predicate or felony-level offense, contrary to 13 V.S.A. § 1, which clearly defines misdemeanors. The offense is punishable by no more than six months and is neither violent nor subject to any felony enhancement.

Judicial and Prosecutorial Conflict
My petitions and motions have been adjudicated or overseen by judges and prosecutors with prior involvement in my original case or related proceedings. I believe this constitutes a conflict of interest in violation of Vermont Code of Judicial Conduct, Rule 2.11, and impairs my right to a fair hearing under Article 10 of the Vermont Constitution and the Fourteenth Amendment to the U.S. Constitution.

Lawful Protest and First Amendment Expression
For over a decade, I have engaged in a peaceful and constitutionally protected protest, including the refusal to provide identifying information to state agencies and data brokers. These acts are expressions of conscience and privacy, protected by the First Amendment, Fourth Amendment, and Article 13 of the Vermont Constitution.

Harms Suffered
I have suffered ongoing reputational damage, emotional distress, and loss of opportunity due to the improper use of expungable information and the failure of state institutions to correct the record. I have also been denied employment, housing, and educational advancement as a direct result of state action or inaction.

Efforts to Seek Relief
I have filed multiple motions, petitions, and public records requests to correct the record and obtain appropriate relief. I have received no adequate resolution. In Docket No. 23-AP-019, the Vermont Supreme Court acknowledged that error may have occurred in my adjudication and that I may be entitled to further review and relief.

Good Faith and Request for Remedy
I affirm that this affidavit is submitted in good faith. I respectfully request this Honorable Court to:

Grant full expungement of the 2013 conviction under 13 V.S.A. §§ 7602–7607;
Issue declaratory relief recognizing the misclassification and constitutional violations;
Order injunctive relief preventing further use or dissemination of my sealed records;
Refer any misconduct by judicial, prosecutorial, or law enforcement officials to the appropriate oversight bodies;
Grant any other relief this Court deems just and proper.
 
I declare under penalty of perjury under the laws of the United States and the State of Vermont that the foregoing is true and correct.