SB334: Underage alcohol possession, etc.; expungement of certain offenses.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-392.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime or any offense defined in Title 18.2, and
1. Is (i) the person is acquitted, or
2. A; (ii) a nolle prosequi is taken or;
(iii) the charge is otherwise dismissed, including dismissal by accord and
satisfaction pursuant to § 19.2-151,; or (iv) (a) the person is
charged with a violation of § 4.1-305 and the charge is deferred and dismissed,
(b) the person was under 21 years of age on the date of the incident leading to
the dismissal, (c) all court costs and fines and all orders of restitution have
been satisfied, and (d) the person seeking the expungement is at least 21 years
of age and has no other alcohol-related convictions, he may file a petition
setting forth the relevant facts and requesting expungement of the police
records and the court records relating to the charge.
B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section. Such person shall not be required to pay any fees for the filing of a petition under this subsection. A petition filed under this subsection shall include one complete set of the petitioner's fingerprints obtained from a law-enforcement agency.
C. The petition with a copy of the warrant or indictment if
reasonably available shall be filed in the circuit court of the county or city
in which the case was disposed of by acquittal or being otherwise dismissed
and shall contain, except where not reasonably available, the date of arrest
and the name of the arresting agency. Where this information is not reasonably
available, the petition shall state the reason for such unavailability. The
petition shall further state the specific criminal charge to be expunged, the
date of final disposition of the charge as set forth in the petition, the
petitioner's date of birth, and the full name used by the petitioner at the
time of arrest.
D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 21 days after it is served on him.
E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner. If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order, the petitioner requests the return of the fingerprint card in person from the clerk of the court or provides the clerk of the court a self-addressed, stamped envelope for the return of the fingerprint card.
F. After receiving the criminal history record information
from the CCRE, the court shall conduct a hearing on the petition. If the court
finds that the continued existence and possible dissemination of information
relating to the arrest or charge of the petitioner causes or may cause
circumstances which that constitute a manifest injustice to the
petitioner, it shall enter an order requiring the expungement of the police and
court records, including electronic records, relating to the arrest or charge.
Otherwise, it shall deny the petition. However, if the petitioner has no prior criminal
record and the arrest or charge was for a misdemeanor violation, the
petitioner shall be entitled, in the absence of good cause shown to the
contrary by the Commonwealth, to expungement of the police and court records
relating to the arrest or charge, and the court shall enter an order of
expungement. If the attorney for the Commonwealth of the county or city in
which the petition is filed (i) gives written notice to the court pursuant to
subsection D that he does not object to the petition and (ii) when the charge
to be expunged is a felony, stipulates in such written notice that the
continued existence and possible dissemination of information relating to the
arrest of the petitioner causes or may cause circumstances which that
constitute a manifest injustice to the petitioner, the court may enter an order
of expungement without conducting a hearing.
G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.
H. Notwithstanding any other provision of this section, when
the a charge is dismissed because the court finds that the person
arrested or charged is not the person named in the summons, warrant, indictment
or presentment, the court dismissing the charge shall, upon motion of the
person improperly arrested or charged, enter an order requiring expungement of
the police and court records relating to the charge. Such order shall contain a
statement that the dismissal and expungement are ordered pursuant to this
subsection and shall be accompanied by the complete set of the petitioner's
fingerprints filed with his petition. Upon the entry of such order, it shall be
treated as provided in subsection K.
I. Notwithstanding any other provision of this section, when a person has been granted an absolute pardon for the commission of a crime that he did not commit, he may file in the circuit court of the county or city in which the conviction occurred a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge and conviction, and the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection K.
J. Upon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order, it shall be treated as provided in subsection K.
K. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.
L. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth. If the court enters an order of expungement for an arrest or a charge, the clerk of the court shall refund to the petitioner such costs paid by the petitioner. Costs shall not be refunded to the petitioner for an order of expungement entered under clause (iv) of subsection A. In addition to the costs provided by § 17.1-275, an additional $150 fee shall be assessed to the petitioner for an order of expungement entered under clause (iv) of subsection A, which shall be paid into the state treasury and credited to the Department of State Police.
M. Any order entered where (i) the court or parties failed to
strictly comply with the procedures set forth in this section or (ii) the court
enters an order of expungement contrary to law, shall be voidable upon
motion and notice made within three years of the entry of such order.
2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2018 by the General Assembly that becomes law.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-392.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-251.04 as follows:
§ 18.2-251.04. Heroin and Prescription Opioid Epidemic Fund.
There is hereby created in the state treasury a special nonreverting fund to be known as the Heroin and Prescription Opioid Epidemic Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All moneys received from fees imposed under subsection L of § 19.2-392.2 on orders of expungement entered under clause (iv) of subsection A of § 19.2-392.2 shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year that are not appropriated by the General Assembly shall not revert to the general fund but shall remain in the Fund. All moneys in the Fund shall be subject to annual appropriation by the General Assembly to the Department of Criminal Justice Services to be used solely for prevention, treatment, and recovery services relating to the use of heroin and prescription opioid drugs. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department of Criminal Justice Services.
§ 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime or any offense defined in Title 18.2, and
1. Is (i) the person is acquitted, or
2. A; (ii) a nolle prosequi is taken or;
(iii) the charge is otherwise dismissed, including dismissal by accord and
satisfaction pursuant to § 19.2-151,; or (iv) (a) the person is
charged with a violation of § 4.1-305 and the charge is deferred and dismissed,
(b) the person was under 21 years of age on the date of the incident leading to
the dismissal, (c) all court costs and fines and all orders of restitution have
been satisfied, and (d) the person seeking the expungement is at least 21 years
of age and has no other alcohol-related convictions, he may file a petition
setting forth the relevant facts and requesting expungement of the police
records and the court records relating to the charge.
B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section. Such person shall not be required to pay any fees for the filing of a petition under this subsection. A petition filed under this subsection shall include one complete set of the petitioner's fingerprints obtained from a law-enforcement agency.
C. The petition with a copy of the warrant or indictment if
reasonably available shall be filed in the circuit court of the county or city
in which the case was disposed of by acquittal or being otherwise dismissed
and shall contain, except where not reasonably available, the date of arrest
and the name of the arresting agency. Where this information is not reasonably
available, the petition shall state the reason for such unavailability. The
petition shall further state the specific criminal charge to be expunged, the
date of final disposition of the charge as set forth in the petition, the
petitioner's date of birth, and the full name used by the petitioner at the
time of arrest.
D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 21 days after it is served on him.
E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner. If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order, the petitioner requests the return of the fingerprint card in person from the clerk of the court or provides the clerk of the court a self-addressed, stamped envelope for the return of the fingerprint card.
F. After receiving the criminal history record information
from the CCRE, the court shall conduct a hearing on the petition. If the court
finds that the continued existence and possible dissemination of information
relating to the arrest or charge of the petitioner causes or may cause
circumstances which that constitute a manifest injustice to the
petitioner, it shall enter an order requiring the expungement of the police and
court records, including electronic records, relating to the arrest or charge.
Otherwise, it shall deny the petition. However, if the petitioner has no prior
criminal record and the arrest or charge was for a misdemeanor
violation, the petitioner shall be entitled, in the absence of good cause shown
to the contrary by the Commonwealth, to expungement of the police and court
records relating to the arrest or charge, and the court shall enter an
order of expungement. If the attorney for the Commonwealth of the county or
city in which the petition is filed (i) gives written notice to the court
pursuant to subsection D that he does not object to the petition and (ii) when
the charge to be expunged is a felony, stipulates in such written notice that
the continued existence and possible dissemination of information relating to
the arrest of the petitioner causes or may cause circumstances which
that constitute a manifest injustice to the petitioner, the court may enter
an order of expungement without conducting a hearing.
G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.
H. Notwithstanding any other provision of this section, when
the a charge is dismissed because the court finds that the person
arrested or charged is not the person named in the summons, warrant, indictment
or presentment, the court dismissing the charge shall, upon motion of the
person improperly arrested or charged, enter an order requiring expungement of
the police and court records relating to the charge. Such order shall contain a
statement that the dismissal and expungement are ordered pursuant to this
subsection and shall be accompanied by the complete set of the petitioner's
fingerprints filed with his petition. Upon the entry of such order, it shall be
treated as provided in subsection K.
I. Notwithstanding any other provision of this section, when a person has been granted an absolute pardon for the commission of a crime that he did not commit, he may file in the circuit court of the county or city in which the conviction occurred a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge and conviction, and the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection K.
J. Upon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order, it shall be treated as provided in subsection K.
K. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.
L. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth. If the court enters an order of expungement for an arrest or a charge, the clerk of the court shall refund to the petitioner such costs paid by the petitioner. Costs shall not be refunded to the petitioner for an order of expungement entered under clause (iv) of subsection A. In addition to the costs provided by § 17.1-275, an additional $300 fee shall be assessed to the petitioner for an order of expungement entered under clause (iv) of subsection A, of which $150 shall be paid into the Heroin and Prescription Opioid Epidemic Fund established pursuant to § 18.2-251.04 and $150 shall be paid into the state treasury and credited to the Department of State Police.
M. Any order entered where (i) the court or parties failed to
strictly comply with the procedures set forth in this section or (ii) the court
enters an order of expungement contrary to law, shall be voidable upon
motion and notice made within three years of the entry of such order.
2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2018 by the General Assembly that becomes law.
SENATE BILL NO. 334
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-392.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime or any offense defined in Title 18.2, and
1. Is (i) the person is acquitted, or
2. A; (ii) a nolle prosequi is
taken or;
(iii) the charge is otherwise dismissed, including
dismissal by accord and satisfaction pursuant to § 19.2-151,; or (iv) (a) the person is charged
with a violation of § 4.1-305 and the charge is deferred
and dismissed, (b) the person was under 21 years of age on the date of the
incident leading to the dismissal, (c) all court costs and fines and all orders
of restitution have been satisfied, and (d) the person
seeking the expungement is at least 21 years of age and has no other alcohol-related
convictions,
he may file a petition setting forth the relevant facts and requesting
expungement of the police records and the court records relating to the charge.
B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section. Such person shall not be required to pay any fees for the filing of a petition under this subsection. A petition filed under this subsection shall include one complete set of the petitioner's fingerprints obtained from a law-enforcement agency.
C. The petition with a copy of the warrant or indictment if
reasonably available shall be filed in the circuit court of the county or city
in which the case was disposed of by acquittal or being
otherwise dismissed and shall contain, except where not
reasonably available, the date of arrest and the name of the arresting agency.
Where this information is not reasonably available, the petition shall state
the reason for such unavailability. The petition shall further state the
specific criminal charge to be expunged, the date of final disposition of the
charge as set forth in the petition, the petitioner's date of birth, and the
full name used by the petitioner at the time of arrest.
D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 21 days after it is served on him.
E. The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner. If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order, the petitioner requests the return of the fingerprint card in person from the clerk of the court or provides the clerk of the court a self-addressed, stamped envelope for the return of the fingerprint card.
F. After receiving the criminal history record information
from the CCRE, the court shall conduct a hearing on the petition. If the court
finds that the continued existence and possible dissemination of information
relating to the arrest or
charge of the petitioner causes
or may cause circumstances which that constitute a manifest
injustice to the petitioner, it shall enter an order requiring the expungement
of the police and court records, including electronic records, relating to the arrest or
charge. Otherwise, it shall deny the petition. However, if
the petitioner has no prior criminal record and the arrest or
charge was for a misdemeanor
violation, the petitioner shall be entitled, in the absence of good cause shown
to the contrary by the Commonwealth, to expungement of the police and court
records relating to the arrest
or charge, and the court shall enter an order of
expungement. If the attorney for the Commonwealth of the county or city in
which the petition is filed (i) gives written notice to the court pursuant to subsection
D that he does not object to the petition and (ii) when the charge to be
expunged is a felony, stipulates in such written notice that the continued
existence and possible dissemination of information relating to the arrest of
the petitioner causes or may cause circumstances which that constitute a manifest
injustice to the petitioner, the court may enter an order of expungement
without conducting a hearing.
G. The Commonwealth shall be made party defendant to the proceeding. Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.
H. Notwithstanding any other provision of this section, when the a
charge is dismissed because the court finds that the person arrested or charged
is not the person named in the summons, warrant, indictment or presentment, the
court dismissing the charge shall, upon motion of the person improperly
arrested or charged, enter an order requiring expungement of the police and
court records relating to the charge. Such order shall contain a statement that
the dismissal and expungement are ordered pursuant to this subsection and shall
be accompanied by the complete set of the petitioner's fingerprints filed with
his petition. Upon the entry of such order, it shall be treated as provided in
subsection K.
I. Notwithstanding any other provision of this section, when a person has been granted an absolute pardon for the commission of a crime that he did not commit, he may file in the circuit court of the county or city in which the conviction occurred a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge and conviction, and the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of such order, it shall be treated as provided in subsection K.
J. Upon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction. Such order shall contain a statement that the expungement is ordered pursuant to this subsection. Upon the entry of the order, it shall be treated as provided in subsection K.
K. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.
L. Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth. If the court enters an order of expungement for an arrest or a charge, the clerk of the court shall refund to the petitioner such costs paid by the petitioner.
M. Any order entered where (i) the court or parties failed to
strictly comply with the procedures set forth in this section or (ii) the court
enters an order of expungement contrary to law,
shall be voidable upon motion and notice made within three years of the entry
of such order.