DPOR; regulatory boards expungement of disciplinary records. (SB1168)

Introduced By

Sen. Bill DeSteph (R-Virginia Beach)

Progress

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

Description

Department of Professional and Occupational Regulation; regulatory boards; expungement of disciplinary records. Authorizes any regulatory board within the Department of Professional and Occupational Regulation to expunge the disciplinary record of a regulant, provided that (i) the regulant's written application for expungement is made at least five years from the date of final disposition of the disciplinary record, (ii) the disciplinary record is the only disciplinary record that the regulant has with a regulatory board, (iii) the regulant is not the subject of an active investigation related to professional or occupational conduct, (iv) the regulant is not in a current disciplinary status and any fees or fines assessed have been paid in full, and (v) the regulant has not had a disciplinary record previously expunged by the regulatory board. The bill defines "expungement" as the removal of a disciplinary record by (a) permanently sealing the affected record from public access, (b) deeming the proceedings to which the affected record refers as not having occurred, and (c) affording the affected party the right to represent that no record exists regarding the subject matter of the affected record. Under the bill, a regulatory board may use a previous discipline for any regulatory purpose or release records of a previous discipline upon request from law enforcement or any other governmental body as permitted by law. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2019Prefiled and ordered printed; offered 01/09/19 19100106D
01/03/2019Referred to Committee on General Laws and Technology
01/14/2019Impact statement from DPB (SB1168)
01/14/2019Reported from General Laws and Technology (8-Y 6-N) (see vote tally)
01/16/2019Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/17/2019Read second time and engrossed
01/18/2019Passed by for the day
01/21/2019Passed by for the day
01/22/2019Passed by for the day
01/23/2019Passed by for the day
01/24/2019Engrossment reconsidered by Senate (39-Y 0-N) (see vote tally)
01/24/2019Floor substitute printed 19105368D-S1 (DeSteph)
01/24/2019Reading of substitute waived
01/24/2019Substitute by Senator DeSteph agreed to 19105368D-S1
01/24/2019Engrossed by Senate - floor substitute SB1168S1
01/24/2019Constitutional reading dispensed (37-Y 3-N) (see vote tally)
01/24/2019Defeated by Senate (12-Y 27-N) (see vote tally)

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