Police and court records; expungement of certain offenses. (SB22)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville) with support from co-patrons Sen. Bill Carrico (R-Grayson), and Sen. Don McEachin (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's 21st birthday and five years have elapsed since the date of completion of all terms of sentencing and probation. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/10/2015Prefiled and ordered printed; offered 01/13/16 16100587D
12/10/2015Referred to Committee for Courts of Justice
02/03/2016Impact statement from DPB (SB22)
02/03/2016Reported from Courts of Justice (14-Y 0-N 1-A) (see vote tally)
02/05/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2016Read second time and engrossed
02/09/2016Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/09/2016Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/09/2016Passed Senate (40-Y 0-N) (see vote tally)
02/10/2016Impact statement from DPB (SB22)
02/11/2016Placed on Calendar
02/11/2016Read first time
02/11/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Criminal Law
02/16/2016Assigned Courts sub: Criminal Law
02/22/2016Subcommittee recommends laying on the table
03/08/2016Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 4 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

TO CONSENT AND SO I DO ASK THAT YOU ENGROSS AND PASS AND ADVANCE THE BILL. THANK YOU SENATOR. THE QUESTION IS SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE BILL IS ENGROSSED AND ADVANCED TO THE THIRD READING. SENATE BILL 22. SENATE BILL 22, A BILL RELATING TO EXPUNGEMENT OF CERTAIN OFFENSES. REPORTED FROM COMMITTEE FOR COURTS OF JUSTICE. I WOULD ASK THAT THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING. VERY KIND OF YOU, SENATOR.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL BE ENGROSSED AND ADVANCED TO THE THIRD READING.


[Unknown]: THANK YOU, SENATOR. THE QUESTION IS, SHALL THE VOTE BY WHICH SENATE BILL 22 WAS PASSED BE ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Scott Surovell (D-Mount Vernon): AYES 40, NOS 0.

[Unknown]: AYES 40, NOS 0. THE MOTION IS AGREED TO. THE SENATOR FROM HANOVER. MR. PRESIDENT, HAVING BEEN PREVIOUSLY EXPLAINED, I MOVE SENATE BILL 22 PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 22 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO.

Duplicate Bills

The following bills are identical to this one: HB188, HB708 and SB521.

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this bill. Expungement offers offenders a second chance at life by removing old convictions from the public record. Youthful indiscretions are common but can have a lasting impact. Technology has made it easier to find criminal records online, exacerbating the consequences of criminal convictions. We also know that finding suitable employment reduces the likelihood that ex-offenders will commit new crimes. Expungement gives ex-offenders a better chance to find a job. The ACLU of Virginia supports legislation that gives ex-offenders a second chance.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly supports this bill.

Mateo Cuadros writes:

this bill is great but its a little crazy because the person or student makes a little mistake within the 5 years they are srewed