Police and court records; expungement of records for misdemeanor and nonviolent felony convictions. (HB32)

Introduced By

Del. Joe Lindsey (D-Norfolk) with support from co-patron Del. Betsy Carr (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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
11/19/2019Committee
11/19/2019Prefiled and ordered printed; offered 01/08/20 20100626D
11/19/2019Referred to Committee for Courts of Justice
01/23/2020Impact statement from DPB (HB32)
01/31/2020Continued to 2021 in Courts of Justice

Comments

Robert Legge writes:

This bill should be passed not because it is being nice to those who have been convicted of a felony but rather that it serves the best interests of the community. Giving people lifetime felony records is like throwing away half their education we paid $100K for.

Derick Keaton writes:

The majority of people that have felonies on there record can't stay out of jail or prison for 8 years? This bill will only affect about 15 percent, an that is reaching. Who will pay for it? I guess as a tax payer, it's my responsibility too. Thanks Democrats

Gary Smith writes:

I think this bill makes perfect sense. It will put these people to work and give them an opportunity to make more money and pay higher taxes. This is a win for both. Most people that got into trouble made a mistake and did not know it was going to be on their record for life.

Tracy Jones writes:

I think this bill should be passed we have people out here who are first time offenders with only a misdemeanor charge for something like shoplifting and now that person would no longer be able to even apply for a decent job because of a one time mistake I feel if that many years have passed an the he/she has not committed the same or similar crime I think it should be removed.

Robert Legge writes:

3 years for drug possession convictions. If a person is found not guilty, or charges dropped, the charges should be automatically expunged or sealed.

Richard writes:

This is one of the few new bills that I can get behind. If you are a nonviolent misdemeanor offender that keeps a clean record for at least 8 years, it is likely that you made a poor decision and are not a lifelong criminal. That mistake shouldn't prevent you from passing a background check or getting certain jobs for the rest of your life.

Richard writes:

@Derick Keaton pay for what? The person applying for expungement would pay the court, or either hire a lawyer to do have the records expunged. Taxpayers don't pay for expungement.