Police and court records; Expungement Fee Fund created, expungement of certain records. (SB5043)

Introduced By

Sen. Creigh Deeds (D-Charlottesville) with support from 8 copatrons, whose average partisan position is:

Those copatrons are Sen. Jennifer Boysko (D-Herndon), Sen. Barbara Favola (D-Arlington), Sen. Ghazala Hashmi (D-Midlothian), Sen. Janet Howell (D-Reston), Sen. Louise Lucas (D-Portsmouth), Sen. Jeremy McPike (D-Dale City), Sen. Joe Morrissey (D-Richmond), Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Expungement of police and court records; Expungement Fee Fund created. Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill requires the person to have paid all court costs, fines, and restitution, and for five years to have elapsed since the date of conviction, depending on the nature of the offense. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit. The bill creates an Expungement Fee Fund, which would be funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund would be administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill has a delayed effective date of January 1, 2022, and incorporates SB 5006, SB 5009, and SB 5110. Read the Bill »


10/02/2020: Passed the House


08/15/2020Prefiled and ordered printed; offered 08/18/20 20200574D
08/15/2020Referred to Committee on the Judiciary
08/20/2020Reported from Judiciary with substitute (14-Y 0-N) (see vote tally)
08/20/2020Incorporates SB5006 (Norment)
08/20/2020Incorporates SB5009 (Peake)
08/20/2020Incorporates SB5110 (McDougle)
08/20/2020Committee substitute printed 20200911D-S1
08/20/2020Rereferred to Finance and Appropriations
08/31/2020Impact statement from DPB (SB5043S1)
09/03/2020Senate committee, floor amendments and substitutes offered
09/03/2020Reported from Finance and Appropriations with substitute (16-Y 0-N) (see vote tally)
09/03/2020Committee substitute printed 20201118D-S2
09/04/2020Constitutional reading dispensed (37-Y 0-N) (see vote tally)
09/09/2020Read second time
09/09/2020Reading of substitute waived
09/09/2020Committee substitute from Judiciary rejected 20200911D-S1
09/09/2020Committee substitute from Finance and Appropriations agreed to 20201118D-S2
09/09/2020Engrossed by Senate - committee substitute SB5043S2
09/10/2020Read third time and passed Senate (38-Y 2-N) (see vote tally)
09/17/2020Placed on Calendar
09/17/2020Read first time
09/17/2020Referred to Committee for Courts of Justice
09/17/2020Impact statement from DPB (SB5043S2)
09/22/2020House committee, floor amendments and substitutes offered
09/22/2020Reported from Courts of Justice with substitute (13-Y 7-N) (see vote tally)
09/22/2020Referred to Committee on Appropriations
09/22/2020Committee substitute printed 20201239D-H1
09/24/2020Impact statement from VCSC (SB5043H1)
09/24/2020Impact statement from DPB (SB5043H1)
09/25/2020Reported from Appropriations (15-Y 7-N) (see vote tally)
09/29/2020Read second time
10/02/2020Read third time
10/02/2020Committee substitute agreed to 20201239D-H1
10/02/2020Engrossed by House - committee substitute SB5043H1
10/02/2020Passed House with substitute (58-Y 39-N)
10/02/2020VOTE: Passage (58-Y 39-N) (see vote tally)
10/07/2020House substitute rejected by Senate (0-Y 36-N) (see vote tally)
10/07/2020House insisted on substitute
10/07/2020House requested conference committee
10/07/2020Senate acceded to request (34-Y 2-N) (see vote tally)
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Deeds, Lucas, Norment
10/07/2020Conferees appointed by House
10/07/2020Delegates: Herring, Mullin, Campbell, J.L.
11/09/2020No further action taken
11/09/2020Failed to pass