Police & court records; expungement of records relating to misdemeanor/nonviolent felony conviction. (HB1861)

Introduced By

Del. Delores McQuinn (D-Richmond) with support from co-patron Del. Lamont Bagby (D-Richmond)

Progress

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

Description

Expungement of police and court records; misdemeanor and nonviolent felony convictions. Allows a person convicted of a misdemeanor or nonviolent felony to file a petition requesting expungement of the police and court records relating to the conviction if such person has (i) been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for at least eight years, (ii) no prior or subsequent convictions other than traffic infractions, and (iii) no pending criminal proceeding. Amends § 19.2-392.2, § 19.2-392.4, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2019Committee
01/03/2019Prefiled and ordered printed; offered 01/09/19 19102019D
01/03/2019Referred to Committee for Courts of Justice
01/22/2019Assigned Courts sub: Subcommittee #1
01/23/2019Subcommittee recommends passing by indefinitely (7-Y 0-N)
02/05/2019Left in Courts of Justice

Comments

Ut Prosim writes:

The evidence confirms that crime rates are generally in decline, that an extraordinarily low percentage of citizens return to prison with a new sentence for a similar offense, that 25% of U.S. adults have a criminal record, and that record directly affects employment and housing opportunities and citizens’ families.

One recent study estimated that 65 million people — one in four adults in the United States — have a criminal record.

The obsession with background checking in recent years has made it all but impossible for a person with a criminal record to leave the past behind.

After completing their sentence, individuals should have access to an individualized process to obtain full restoration of rights and status, either from the executive or from a court, by demonstrating rehabilitation and good character.

https://www.nacdl.org/restoration/roadmapreport/

Gina Steinruck writes:

I was charged with possession with intent for accommodation almost 20 years ago. I have been clean for the same amount of time; however, I am still paying the price. All I want is to get the job I am qualified for, without losing it due to my background.
It is nearly impossible to be a productive citizen if you are a felon.

AJ writes:

Ut Prosim:

Where does it show "an extraordinarily low percentage of citizens return to prison"? Most of the studies I can find reflect a very high recidivism rate but plenty discussions and/or ideas on how it should be reduced.

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