In re Unnamed Defendant, 2011 VT 25 (mem.)

Defendant challenges his conviction for resisting arrest on the grounds that the police did not have probable cause to arrest him. We do not address defendant’s challenge as we find it is moot.

Defendant received a six-month deferred sentence on his resisting arrest conviction. When he complied with the probation conditions the trial court was obligated to strike the adjudication of guilt, and order expunged all records and files related to the arrest, citation, and investigation, and charge, adjudication of guilt, criminal proceedings, and probation. Because § 7041(e) erases any record of defendant’s arrest and conviction “this Court can no longer grant effective relief.”

There are no negative collateral consequences. The mere fact that defendant was arrested once for resisting arrest without probable cause does not mean this is “capable of repetition yet evading review.” The challenge to theconviction is moot.

Defendant’s appeal of his resisting arrest conviction is dismissed. On remand, the Superior Court shall expunge defendant’s records and files in accordance with 13 V.S.A. § 7041(e).