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2018 SESSION

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HB 1147 Sealing of court and police records; nonviolent misdemeanor offenses.

Introduced by: Kelly K. Convirs-Fowler | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Sealing of court and police records; nonviolent misdemeanor offenses. Requires the clerk of court for the jurisdiction in which a person was convicted of a nonviolent misdemeanor offense to seal the court records related to such conviction after 10 years from the date of the person's completion of all terms of sentencing and probation. The bill defines a nonviolent misdemeanor offense as any misdemeanor other than a violation of a protective order, a crime against the person (§ 18.2-30 et seq.), or an offense that requires registration on the Sex Offender and Crimes Against Minors Registry. The bill also requires the clerk to seal records related to a nonviolent misdemeanor offense charge that was terminated by nolle prosequi or otherwise dismissed after the expiration of the statute of limitations for such charge. The bill provides that the clerk shall give notice to any law-enforcement agency that has in its possession records related to a charge or conviction that has been sealed and requires the law-enforcement agency to keep such records in a confidential separate file. The bill also provides that law-enforcement agencies, attorneys for the Commonwealth, and the Office of the Attorney General may still access these records and that sealed convictions are still considered a prior conviction for purposes of enhancing penalties for subsequent offenses.


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