§ 8008. Decision to disqualify
In deciding whether to impose a discretionary disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense and the essential elements of the offense. A conviction itself may not be considered except as having established the elements of the offense. The decision-maker shall also consider other relevant information, including the effect on third parties of granting the benefit or opportunity and whether the individual has been granted relief such as an order of limited relief or a certificate of restoration of rights. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 231 - Uniform Collateral Consequences of Conviction
§ 8004. Identification, collection, and publication of laws regarding collateral consequences
§ 8005. Notice of collateral consequences and eligibility for expungement in pretrial proceeding
§ 8006. Notice of collateral consequences and eligibility for expungement upon release
§ 8007. Authorization required for mandatory sanction; ambiguity
§ 8008. Decision to disqualify
§ 8009. Effect of conviction by another state or the United States; relieved or pardoned conviction
§ 8010. Order of limited relief
§ 8011. Certificate of restoration of rights
§ 8014. Reliance on order or certificate as evidence of due care