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2023 SESSION
SB 1402 Criminal records; expungement and sealing of records.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses.
The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record.
The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to HB 2400.
FULL TEXT
- 01/11/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102885D pdf | impact statement
- 02/06/23 Senate: Printed as engrossed 23102885D-E pdf | impact statement
- 02/21/23 Senate: Bill text as passed Senate and House (SB1402ER) pdf | impact statement
- 03/26/23 Governor: Acts of Assembly Chapter text (CHAP0555) pdf
AMENDMENTS
HISTORY
- 01/11/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102885D
- 01/11/23 Senate: Referred to Committee on the Judiciary
- 02/01/23 Senate: Reported from Judiciary with amendments (15-Y 0-N)
- 02/03/23 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/06/23 Senate: Read second time
- 02/06/23 Senate: Reading of amendments waived
- 02/06/23 Senate: Committee amendments agreed to
- 02/06/23 Senate: Engrossed by Senate as amended SB1402E
- 02/06/23 Senate: Printed as engrossed 23102885D-E
- 02/06/23 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/06/23 Senate: Passed Senate (39-Y 0-N)
- 02/10/23 House: Placed on Calendar
- 02/10/23 House: Read first time
- 02/10/23 House: Referred to Committee for Courts of Justice
- 02/13/23 House: Reported from Courts of Justice (19-Y 0-N)
- 02/15/23 House: Read second time
- 02/16/23 House: Read third time
- 02/16/23 House: Passed House BLOCK VOTE (99-Y 0-N)
- 02/16/23 House: VOTE: Block Vote Passage (99-Y 0-N)
- 02/21/23 Senate: Enrolled
- 02/21/23 Senate: Bill text as passed Senate and House (SB1402ER)
- 02/21/23 House: Signed by Speaker
- 02/24/23 Senate: Signed by President
- 03/02/23 Senate: Enrolled Bill Communicated to Governor on March 2, 2023
- 03/02/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/26/23 Governor: Approved by Governor-Chapter 555 (effective - see bill)
- 03/26/23 Governor: Acts of Assembly Chapter text (CHAP0555)