Vote Smart's Synopsis:

Vote to concur with the governor's recommendations and pass a bill that requires an individual to petition the court for permission to have their criminal records sealed.

Highlights:

• Defines "expungement of the police records and the court records" as removing all electronic and manual police and court records or portion thereof from a repository of such records, including criminal history record information contained in the Central Criminal Records Exchange, and place such records in a physically sealed and separate file or recorded to an offline medium (Sec. 19.2-392.2).

• Specifies the following conditions for an individual petitioning to have their records expunged (Sec. 19.2-392.2): 

• the person is acquitted;

• a nolle prosequi is take;

• the charge is otherwise dismissed, including dismissal by accord and satisfaction;

• the person was under 21 years of age on the date of the incident leading to the conviction;

• all court costs and fines and all orders of restitution have been satisfied; and 

• 5 years have passed since the date of conviction.

• Specifies that an individual is exempt from paying the fee for their expungement if (Sec. 19.2-392.2.B): 

• The person is determined to be indigent; and

• The final disposition of the criminal charge or civil offense, or conviction eligible for expungement occurred within the last 12 calendar months.

• Specifies that individuals acquitted of crime may file for expungement immediately after acquittal if they wish to expunge their records, but that request may be denied unless the court finds that not expunging the records would continue a manifest injustice against the person who was acquitted (Sec. 19.2-392.2:1).

• Requires expungement petitioners to pay a $100 fee to expunge their records unless they are exempt (Sec 19.2-392.2:1).

• Specifies that individuals can petition to have their records sealed if they have (Sec. 19.2-392.2:2): 

• Been convicted of a traffic infraction; 

• misdemeanor offense;

• Class 5 or 6 felony;

• A felony offense where the defendant is deemed guilty of larceny;

• Never been convicted of a class 1 or class 2 felony; 

• Not been convicted of a class 3 or class 4 felony; and

• Not been convicted of a felony within the past ten 10 years of their petition.

Full Bill Text

Signed by Governor Ralph Northam

Vote Smart's Synopsis:

Vote to pass a bill that requires an individual petition a court for their criminal records to be sealed.

Highlights:

• Defines "Expungement of the police records and the court records" as removing all electronic and manual police and court records or portion thereof from a repository of such records, including criminal history record information contained in the Central Criminal Records Exchange, and place such records in a physically sealed and separate file or recorded to an offline medium (Sec. 19.2-392.2).

• Specifies the following conditions for an individual petitioning to have their records expunged (Sec. 19.2-392.2): 

• the person is acquitted;

• a nolle prosequi is take;

• the charge is otherwise dismissed, including dismissal by accord and satisfaction;

• the person was under 21 years of age on the date of the incident leading to the conviction;

• all court costs and fines and all orders of restitution have been satisfied; and 

• 5 years have passed since the date of conviction.

• Specifies that an individual is exempt from paying the fee for their expungement if (Sec. 19.2-392.2.B): 

• The person is determined to be indigent; and

• The final disposition of the criminal charge or civil offense, or conviction eligible for expungement occurred within the last 12 calendar months.

• Specifies that individuals acquitted of crime may file for expungement immediately after acquittal if they wish to expunge their records, but that request may be denied unless the court finds that not expunging the records would continue a manifest injustice against the person who was acquitted (Sec. 19.2-392.2:1).

• Requires expungement petitioners to pay a $100 fee to expunge their records unless they are exempt (Sec 19.2-392.2:1).

• Specifies that individuals can petition to have their records sealed if they have (Sec. 19.2-392.2:2): 

• Been convicted of a traffic infraction; 

• misdemeanor offense;

• Class 5 or 6 felony;

• A felony offense where the defendant is deemed guilty of larceny;

• Never been convicted of a class 1 or class 2 felony; 

• Not been convicted of a class 3 or class 4 felony; and

• Not been convicted of a felony within the past ten 10 years of their petition.

Full Bill Text