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HB 2113 - Authorizes Criminal Records Expungement - Virginia Key Vote

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Title: Authorizes Criminal Records Expungement

Vote Smart's Synopsis:

Vote to pass a bill that authorizes criminal records expungement.

Highlights:

 

  • Defines "automatic expungement" as the following (Sec. 19.2-392.11):

    • Restricting dissemination of criminal history record information contained in the Central Criminal Records Exchange; and

    • Prohibiting dissemination of court records, unless such dissemination is authorized by a court order.

  • Specifies if an offense is automatically expunged contrary to law, the automatic expungement of that particular offense shall be voidable upon motion and notice made within 2 years of the entry of the order to automatically expunge such offense (Sec. 19.2-392.11).

  • Specifies if an offense is ordered to be automatically expunged and a published or unpublished decision or order of the Court of Appeals exists in relation to that offense, the clerk of the Court of Appeals will redact the name of the person charged with the offense that was ordered to be automatically expunged from any decision or order of the Court of Appeals that references such offense, unless such decision or order also includes offenses that were not ordered to be automatically expunged (Sec. 17.1-413.B).

  • Authorizes a person whose DNA profile has been included in the data bank pursuant to request expungement on the grounds that the conviction on which the authority for including his DNA profile was based has been reversed and the case dismissed (Sec. 19.2-310.7.A).

  • Establishes upon entry of an order for automatic expungement, the person who was arrested, criminally charged, or convicted of the offense that was ordered to be automatically expunged may deny or not disclose to any state or local government agency or to any private employer in the Commonwealth that such an arrest, criminal charge, or conviction occurred (Sec. 19.2-392.5.C).

  • Specifies if a person is charged or arrested as a result of mistaken identity or a person's name or other identification is used without his consent or authorization by another person who is charged or arrested using such name or identification, and a nolle prosequi is entered or the charge is otherwise dismissed, the attorney for the Commonwealth or any other person requesting the nolle prosequi or dismissal shall notify the court of the mistaken identity or unauthorized use of identifying information at the time such request is made (Sec. 19.2-392.9.A).

  • Specifies if an offense is automatically expunged pursuant to the procedure set forth in this section and such offense was not ordered to be automatically expunged at the time of acquittal, nolle prosequi, or dismissal, the automatic expungement of such offense will be voidable upon motion and notice made within 2 years of the entry of the order to automatically expunge such offense (Sec. 19.2-392.11.G).

  • Requires that upon entry of a court order for automatic expungement, the Executive Secretary of the Supreme Court and any circuit court clerk who maintains a case management system that interfaces with the Department of State Police will do the following: (Sec. 19.2-392.12.B):

    • Ensure that the court record of such arrest, criminal charge, or conviction is not available for public online viewing; and

    • Not disseminate any court record of such arrest, criminal charge, or conviction to the public.

Title: Authorizes Criminal Records Expungement

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