Criminal records; expungement and sealing of records. (HB2400)

Introduced By

Del. Charniele Herring (D-Alexandria) with support from co-patron Sen. Scott Surovell (D-Mount Vernon)

Progress

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

Description

Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses. The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record. The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1402. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/17/2023Committee
01/17/2023Presented and ordered printed 23104310D
01/17/2023Referred to Committee for Courts of Justice
01/19/2023Assigned Courts sub: Subcommittee #1
01/23/2023House subcommittee amendments and substitutes offered
01/23/2023Subcommittee recommends reporting with amendments (8-Y 0-N)
01/27/2023Reported from Courts of Justice with amendment(s) (20-Y 0-N) (see vote tally)
01/31/2023Read first time
02/01/2023Impact statement from DPB (HB2400)
02/01/2023Read second time
02/01/2023Committee amendments agreed to
02/01/2023Engrossed by House as amended HB2400E
02/01/2023Printed as engrossed 23104310D-E
02/02/2023Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/02/2023VOTE: Block Vote Passage (100-Y 0-N) (see vote tally)
02/03/2023Impact statement from DPB (HB2400E)
02/03/2023Constitutional reading dispensed
02/03/2023Referred to Committee on the Judiciary
02/13/2023Reported from Judiciary (13-Y 0-N) (see vote tally)
02/14/2023Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/15/2023Read third time
02/15/2023Passed Senate (40-Y 0-N) (see vote tally)
02/20/2023Enrolled
02/20/2023Bill text as passed House and Senate (HB2400ER)
02/20/2023Signed by Speaker
02/21/2023Impact statement from DPB (HB2400ER)
02/21/2023Signed by President
03/02/2023Enrolled Bill communicated to Governor on March 2, 2023
03/02/2023G Governor's Action Deadline 11:59 p.m., March 27, 2023
03/26/2023G Approved by Governor-Chapter 554 (effective - see bill)
03/26/2023G Acts of Assembly Chapter text (CHAP0554)