Criminal records; automatic expungement for certain convictions, etc. (HB5146)

Introduced By

Del. Charniele Herring (D-Alexandria) with support from co-patron Sen. Louise Lucas (D-Portsmouth)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Automatic expungement of criminal records. Establishes a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, acquittals, and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. As introduced, this bill was a recommendation of the Virginia State Crime Commission. Read the Bill »


10/01/2020: Passed the Senate


09/01/2020Presented and ordered printed 20201068D
09/01/2020Referred to Committee for Courts of Justice
09/02/2020House committee, floor amendments and substitutes offered
09/02/2020Reported from Courts of Justice with substitute (13-Y 8-N) (see vote tally)
09/02/2020Committee substitute printed 20201121D-H1
09/02/2020Referred to Committee on Appropriations
09/03/2020House committee, floor amendments and substitutes offered
09/03/2020Reported from Appropriations with substitute (13-Y 9-N) (see vote tally)
09/03/2020Committee substitute printed 20201128D-H2
09/04/2020Impact statement from VCSC (HB5146H1)
09/04/2020Impact statement from VCSC (HB5146H2)
09/04/2020Read first time
09/08/2020Impact statement from DPB (HB5146H2)
09/08/2020Floor substitute printed 20201147D-H3 (Herring)
09/08/2020Read second time
09/08/2020Courts of Justice Committee substitute rejected 20201121D-H1
09/08/2020Appropriations Committee substitute rejected 20201128D-H2
09/08/2020Substitute by Delegate Herring agreed to 20201147D-H3
09/08/2020Pending question ordered
09/08/2020Engrossed by House - floor substitute HB5146H3
09/09/2020Impact statement from VCSC (HB5146H3)
09/09/2020Impact statement from DPB (HB5146H3)
09/09/2020Read third time and passed House (59-Y 37-N 1-A)
09/09/2020VOTE: Passage (59-Y 37-N 1-A) (see vote tally)
09/10/2020Constitutional reading dispensed
09/10/2020Referred to Committee on the Judiciary
09/16/2020Reported from Judiciary with substitute (8-Y 1-N) (see vote tally)
09/16/2020Committee substitute printed 20201197D-S1
09/16/2020Rereferred to Finance and Appropriations
09/17/2020Impact statement from DPB (HB5146S1)
09/24/2020Reported from Finance and Appropriations (12-Y 4-N) (see vote tally)
09/25/2020Constitutional reading dispensed (36-Y 0-N) (see vote tally)
10/01/2020Passed by temporarily
10/01/2020Read third time
10/01/2020Reading of substitute waived
10/01/2020Committee substitute agreed to
10/01/2020Engrossed by Senate - committee substitute HB5146S1
10/01/2020Passed Senate with substitute (24-Y 16-N) (see vote tally)
10/02/2020Placed on Calendar
10/02/2020Senate substitute rejected by House (0-Y 95-N)
10/02/2020VOTE: Adoption (0-Y 95-N) (see vote tally)
10/07/2020Senate insisted on substitute (22-Y 14-N) (see vote tally)
10/07/2020Senate requested conference committee
10/07/2020House acceded to request
10/07/2020Conferees appointed by House
10/07/2020Delegates: Herring, Mullin, Campbell, J.L.
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Deeds, Lucas, Norment
11/09/2020No further action taken
11/09/2020Failed to pass


Robert D Legge writes:

Does this expunge drug possession convictions?