Police and court records; expungement, term 'otherwise dismissed.' (SB504)

Introduced By

Sen. Scott Surovell (D-Mount Vernon) with support from co-patron Sen. Jennifer Carroll Foy (D-Woodbridge)

Progress

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

Description

Expungement of police and court records. Provides that, for the purposes of expungement of police and court records, the term "otherwise dismissed" means to render a legal action out of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies that the term "otherwise dismissed" also includes those circumstances when a person is charged with the commission of a crime, a civil offense, or any offense defined in relevant law and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. Under the bill, unless the subject of the criminal record requests otherwise, any person who files an appeal of a petition for an expungement that was denied shall be allowed to proceed under a pseudonym, and such designation shall apply in the trial court and on any appeal. The bill also allows for the expungement of any emergency or preliminary protective order that was attached or factually related to an expunged charge or offense, provided that a permanent protective order was not ordered as a result of such emergency or preliminary protective order. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute manifest injustice, including any hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner. The bill requires a business screening service, defined in the bill, to destroy all expunged records, as defined in the bill, and to follow reasonable procedures to ensure that it does not maintain or sell expunged records. The bill also provides that an indigent person may file a petition for expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing Fee Fund. Except for the provisions regarding the filing of an appeal under a pseudonym and the circumstances that constitute manifest injustice, the bill has a delayed effective date of January 1, 2026. Read the Bill »

Notes

According to the Fiscal Impact Estimates provided in the fiscal impact statement for SB504, the Department of State Police (VSP) estimates that there are 289,953 records in VSP’s Computerized Criminal History (CCH) system that would meet the criteria outlined in the bill. The implementation of this bill is expected to require one-time costs of $417,560 in general funds to automate the Criminal and Rap Back Information System (CRIS) to execute the expungement process as established by the legislation. Additionally, if contractors are needed before the full implementation of CRIS, the estimated annual general fund cost per non-IT contractor is $24,500, and the cost per supervisor contractor is $29,400. The total cost will depend on the number of individuals seeking expungement, and additional costs may include office space, IT hardware, and equipment.

Summary generated automatically by OpenAI.

Outcome

Bill Has Failed

History

DateAction
01/09/2024Prefiled and ordered printed; offered 01/10/24 24104896D
01/09/2024Referred to Committee for Courts of Justice
01/31/2024Impact statement from DPB (SB504)
02/05/2024Senate committee, floor amendments and substitutes offered
02/05/2024Reported from Courts of Justice with substitute (12-Y 2-N) (see vote tally)
02/05/2024Committee substitute printed 24106746D-S1
02/05/2024Rereferred to Finance and Appropriations
02/08/2024Reported from Finance and Appropriations with amendment (11-Y 4-N) (see vote tally)
02/09/2024Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/12/2024Read second time
02/12/2024Reading of substitute waived
02/12/2024Committee substitute agreed to 24106746D-S1
02/12/2024Reading of amendment waived
02/12/2024Committee amendment agreed to
02/12/2024Engrossed by Senate - committee substitute SB504ES1
02/12/2024Printed as engrossed 24106746D-ES1
02/13/2024Read third time and passed Senate (25-Y 15-N) (see vote tally)
02/16/2024Placed on Calendar
02/16/2024Read first time
02/16/2024Referred to Committee for Courts of Justice
02/16/2024Assigned Courts sub: Criminal
02/19/2024Subcommittee recommends reporting with amendments (5-Y 3-N)
02/19/2024Subcommittee recommends referring to Committee on Appropriations
02/23/2024Impact statement from DPB (SB504ES1)
02/23/2024Reported from Courts of Justice with amendment(s) (11-Y 10-N) (see vote tally)
02/23/2024Referred to Committee on Appropriations
02/28/2024House committee, floor amendments and substitutes offered
02/28/2024Reported from Appropriations with amendment(s) (20-Y 2-N) (see vote tally)
02/29/2024Impact statement from DPB (SB504ES1)
03/01/2024Read second time
03/04/2024Read third time
03/04/2024Committee on Courts of Justice amendments agreed to
03/04/2024Committee on Appropriations amendments agreed to
03/04/2024Engrossed by House as amended
03/04/2024Passed House with amendments (57-Y 41-N)
03/04/2024VOTE: Passage (57-Y 41-N)
03/05/2024House amendments rejected by Senate (0-Y 40-N)
03/06/2024House insisted on amendments
03/06/2024House requested conference committee
03/07/2024Senate acceded to request (40-Y 0-N)
03/07/2024Conferees appointed by Senate
03/07/2024Senators: Surovell, Carroll Foy, Stanley
03/07/2024Conferees appointed by House
03/07/2024Delegates: Mundon King, Feggans, Lovejoy
03/08/2024C Amended by conference committee
03/08/2024Conference substitute printed 24109122D-S2
03/09/2024Conference report agreed to by House (54-Y 43-N)
03/09/2024VOTE: Adoption (54-Y 43-N)
03/09/2024Conference report agreed to by Senate (21-Y 19-N)
03/14/2024Impact statement from DPB (SB504S2)
03/25/2024Enrolled
03/25/2024Bill text as passed Senate and House (SB504ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill Communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/08/2024Impact statement from DPB (SB504ER)
04/08/2024G Vetoed by Governor
04/17/2024Passed by for the day

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