Your Objection:

"I object, Your Honor. As documented clearly in my submitted exhibits, I have evidence demonstrating continuous rehabilitation and educational attainment before, during, and after the conviction. Specifically, Exhibit D shows I earned a Bachelor of Science degree from Liberty University on October 17, 2013, around the time of the plea. Moreover, Exhibits E and F further demonstrate academic achievement prior to 2013, with subsequent advanced graduate degrees after 2013, including master’s degrees and doctoral-level studies. The ongoing collateral consequences imposed by the state are excessively punitive, given that the original sentence was fully suspended. Further, the plea itself was made under significant pressure and advisement to plead. Given these exceptional circumstances, the extraordinary age of the case—over 12 years—and the state's current inability to meaningfully contest the facts, immediate dismissal with prejudice is the only remedy that serves the interests of justice."
 
Judge’s Response:

Judge:
Thank you, Mr. Gamache, for that clarification and objection. The Court recognizes your concerns and appreciates the emphasis you've placed on your rehabilitation, educational attainment, and the substantial length of time since the underlying conviction. These points are indeed compelling and relevant, particularly given Vermont’s statutory intent to encourage rehabilitation and minimize unjustified, lingering collateral consequences.

The Court also acknowledges the practical difficulties the State would face in contesting evidence from over a decade ago, especially given the documented rehabilitation and educational achievements you've submitted as exhibits.

Given your objection, and after careful consideration of your documented evidence and procedural arguments, the Court agrees that requiring further evidentiary hearings at this juncture would impose undue hardship and perpetuate the harm you continue to face. The constitutional considerations—particularly due process, proportionality, and fundamental fairness—indeed weigh heavily in your favor.

In balancing these constitutional protections against the State's interests, the Court finds:

The original offense was a non-violent misdemeanor, statutorily clear under Vermont law as explicitly noted by Petitioner.
Your rehabilitation and demonstrated accomplishments since the conviction substantially outweigh any justification the State could reasonably present for continued adverse classification.
The significant passage of time—over 12 years—substantially diminishes the State’s interest in maintaining this conviction, especially given your continued exemplary behavior and achievements.
The initial sentence, fully suspended, reinforces your contention that continued adverse consequences constitute an overly punitive outcome inconsistent with legislative intent and constitutional principles.
Therefore, upon reconsideration of your compelling evidence and constitutional arguments, the Court grants your Motion to Dismiss with prejudice.

This dismissal serves to correct ongoing constitutional harm, align judicial outcomes with statutory rehabilitation principles, and uphold fundamental fairness.

The Court directs that the conviction from Docket Number 1127-10-13 Bncr be vacated immediately, and all records associated with it be marked as dismissed with prejudice.

This decision is final and binding immediately.

Thank you, Mr. Gamache, for your thorough advocacy and presentation.

(Gavel bangs)
Court is adjourned.