Signed by Governor Ralph Northam

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes procedures for the automatic expungement of criminal records.

Highlights:

• Requires the court clerk to, if an offense is ordered to be automatically expunged and published or unpublished decision or order of the Supreme Court exists in relation to that offense, redact the name of the person charged with the offense that was ordered to be automatically expunged from any decision or order of the Supreme Court that references such offense (Sec. 1).

• Requires the Department of Stae police to determine which offenses in the Central Criminal Records Exchange meet the criteria for automatic expungement on a monthly basis (Sec. 1).

• Specifies that entry of an automatic expungement order will not serve as grounds for expungement of a person’s DNA profile or any records in the data banks relating to that DNA profile (Sec. 1).

• Prohibits records relating to the arrest, criminal charge, or conviction of a person that was deferred and dismissed from being open to public inspection or otherwise disclosed, except (Sec. 1):

• To an employer or prospective employer where federal law requires the employer to inquire about prior criminal charges or conviction; 

• To an employer or prospective employer where the position that a person is applying for, or where access to the premises in or upon which any part of its duties of such position is performed subject to any requirement imposed in the interest of the national security under any security program;

• To a person authorized to engage in the collection of court costs, fines, or restitution; 

• To administer and utilize the DNA Analysis and Data Bank; 

• To a full or part-time employee of a court; 

• To an employer or prospective employer where the state code requires the employer to inquire about prior criminal charges or convictions; and

• To the person arrested, charged, or convicted of the offense that was automatically expunged.

• Defines “automatic expungement” to restrict the dissemination of criminal history record information contained in the Central Criminal Records Exchange and to prohibit the dissemination of court records unless authorized by a court order (Sec. 1).

• Prohibits a person from, in an application for the sale or rental of a dwelling, requiring an applicant to disclose information concerning an arrest, criminal charge, or conviction again them when the record relating to such arrest, charge, or conviction is not open for public inspection (Sec. 1).

• Specifies that criminal records will be ordered to be automatically expunged if (Sec. 1):

• For an offense that was deferred and dismissed, 8 years have passed since the date of dismissal and the person charged has not been convicted of violating any other state law during that period of time;

• For a misdemeanor conviction, 8 years have passed since the date of conviction and the person convicted of the offense has not been convicted of violating any other state way during that period of time; and

• For a felony conviction of an offense, 8 years have passed since the conviction or release from incarceration, whichever occurred later, and the person convicted of the offense has not been convicted of any other state law during that period of time.

• Specifies that no offense will be automatically expunged if, on the date of the deferral or dismissal, the person was convicted of another office that is not eligible for automatic expungement if, on the date of conviction, the person was convicted of another offense that is not eligible for automatic expungement (Sec. 1).

Full Bill Text