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PASSED BILLS (2020
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SB 640 Unlawful detainer; expungement (2020)
Sponsored by Senator Scott Surovell [D]
04/09/20 Governor: Approved by Governor-Chapter 1013 (effective 1/1/22)
Creates a process by which unlawful detainer actions filed in a general district court that have been dismissed or nonsuited may be expunged upon request of the defendant to such action. The bill has a delayed effective date of January 1, 2022, and the provisions of the bill are contingent on funding in a general appropriation act. Bill information here.
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FAILED BILLS 2020
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HB 31 Charges and Convictions, Certain; Expungement (2020)
Introduced by Delegate Joseph Lindsey (D-Norfolk)
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been satisfied; and five years have elapsed since the date of completion of all terms of sentencing and probation. Read bill here.
HB 32 Expungement of Police and Court Records (2020)
Sponsored by Delegate Joseph Lindsey (D)
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Expungement of police and court records; misdemeanor and nonviolent felony convictions. Allows a person convicted of a misdemeanor or nonviolent felony to file a petition requesting expungement of the police and court records relating to the conviction if such person has (i) been free from any term of incarceration, probation, and post-release supervision imposed as a result of such conviction for at least eight years, (ii) no prior or subsequent convictions other than traffic infractions, and (iii) no pending criminal proceeding. Read bill here.
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HB 50 Expungement of police and court records; pardons (2020)
Sponsored by Delegate Mark Cole [R]
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Allows a person to petition for the expungement of the police and court records relating to such person's conviction if he has been granted a simple pardon for the crime. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.
View bill here.
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HB 91 Expungement of Police and Court Records (2020)
Sponsored by Delegate Mark Cole (R)
01/31/2020 Continued to 2021 in Courts of Justice by voice vote; 12/10/2019 Referred to Committee for Courts of Justice
Expungement of police and court records. Allows a person convicted of certain offenses, or charged with such offenses which charges were deferred and dismissed, who was under 21 years of age at the time of the offense, and who has successfully completed all terms of probation to file a petition for expungement after at least seven years have passed since (i) the date of dismissal of the charge; (ii) the date of conviction, if no active sentence of incarceration was imposed; or (iii) the date of completion of an active sentence of incarceration, if an active term of incarceration was imposed as a result of the conviction. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment. Convictions for violent felony offenses and offenses for which registration with the Sex Offender and Crimes Against Minors Registry is required are not eligible for expungement under the bill. Read bill here.
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HB 102 Expungement of Certain Charges (2020)
Sponsored by Delegate Joseph Lindsey
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for simple larceny or concealment of goods or merchandise when (i) the goods or merchandise consisted of food or medically necessary supplies, (ii) the offense occurred prior to the person's twenty-first birthday, and (iii) five years have passed since the date of completion of all terms of sentencing and probation. Read bill here.
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HB 128 Expungement (2020)
Sponsored by Delegate Jason Miyares [R]
12/04/20 House: Left in Courts of Justice
Expungement of prostitution convictions. Allows a person to petition for expungement of convictions for prostitution when the person was induced to engage in prostitution through the use of force, intimidation, or deception by another. Read bill here.​
HB 255 Expungement of Certain Charges and Convictions (2020)
Sponsored by Delegate Marcus Simon (D)
12/04/20 House: Left in Courts of Justice
Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police. Read bill here.
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HB 268 Petition for vacatur and expungement of convictions and police and court records of victims of human trafficking (2020)
Sponsored by Delegate Steve Heretick [D], Delegate Karrie Delaney [D]
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Allows any person who was a victim of human trafficking at the time of an offense that led to a criminal charge or conviction of certain crimes to petition the court to vacate such conviction and expunge the police and court records related to such conviction or to expunge the police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participation in an offense was a result of having been a victim of human trafficking if there is official documentation, defined in the bill, of the petitioner's status as a victim of human trafficking at the time of the offense. Read bill here.
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HB 294 Expungement of police and court records; misdemeanor convictions
Sponsored by Delegate Don Scott [D]
01/31/2020 Continued to 2021 in Courts of Justice by voice vote
Allows a person convicted of a misdemeanor to file a petition requesting expungement of the police and court records relating to the conviction if (i) such person has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for at least two years and (ii) such person has no pending criminal proceeding. The bill also requires the court to grant such petition for expungement of police and court records if such petition is for a misdemeanor arrest, charge, or conviction. Currently, except in certain cases, the person is not entitled to an order of expungement, and the court hearing the petition must find that the continued existence and possible dissemination of such records causes or may cause circumstances that constitute a manifest injustice to such person before such an order will be entered. Read bill here.
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HB 320 Petition for reclassification or expungement of certain convictions and police and court records (2020)
Sponsored by Delegate Mark Levine [D]
12/04/20 House: Left in Courts of Justice
Allows a person who has been convicted of (i) a felony or misdemeanor offense that has been decriminalized or otherwise made lawful or (ii) a felony offense that has been statutorily reduced to a misdemeanor offense since the conviction of such person to file a petition requesting (a) expungement of the police records and the court records relating to any misdemeanor or felony charge that has been decriminalized or otherwise made lawful or (b) reclassification of the police records and the court records relating to a felony offense that has been statutorily reduced to a misdemeanor offense. The bill requires the court to enter an order reclassifying the offense, in the case of a felony offense that has been statutorily reduced to a misdemeanor offense, or requiring the expungement of the police and court records of an offense that has been decriminalized or otherwise made lawful, if the court finds that the offense for which the person was convicted has since been decriminalized or otherwise made lawful, or has been statutorily reduced from a felony to a misdemeanor offense. Read bill here.
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HB 476 Expungement of police and court records (2020)
Sponsored by Delegate Elizabeth Guzman [D]
12/04/20 House: Left in Courts of Justice
Allows a person convicted of certain misdemeanors or nonviolent felonies to file a petition requesting expungement of the police and court records relating to the conviction if such person (i) has been free from any term of incarceration, probation, or postrelease supervision imposed as a result of such conviction for (a) at least three years for a misdemeanor conviction and (b) at least five years for a felony conviction; (ii) has no outstanding costs, fines, or restitution; and (iii) has no pending criminal proceeding. Read bill here.
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HB 647 Petition for reclassification or expungement of certain convictions and police and court records. (2020)
Sponsored by Delegate Lee Carter [D]
12/04/20 House: Left in Courts of Justice
Allows a person who has been convicted of (i) a felony or misdemeanor offense that has been decriminalized or otherwise made lawful or (ii) a felony offense that has been statutorily reduced to a misdemeanor offense since the conviction of such person to file a petition requesting (a) expungement of the police records and the court records relating to any misdemeanor or felony charge that has been decriminalized or otherwise made lawful or (b) reclassification of the police records and the court records relating to a felony offense that has been statutorily reduced to a misdemeanor offense. The bill requires the court to enter an order reclassifying the offense, in the case of a felony offense that has been statutorily reduced to a misdemeanor offense, or requiring the expungement of the police and court records of an offense that has been decriminalized or otherwise made lawful, if the court finds that the offense for which the person was convicted has since been decriminalized or otherwise made lawful, or has been statutorily reduced from a felony to a misdemeanor offense. Read bill here.
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HB 830 Expungement of certain charges and convictions - marijuana etc. (2020)
Sponsored by Delegate Richard Sullivan [D]
12/04/20 House: Left in Courts of Justice
Allows a person to petition for expungement of convictions and deferred disposition dismissals for possession of a controlled substance, marijuana possession, and underage alcohol possession when (i) the offense occurred as a result of such person being a victim of sexual assault or sexual battery and reporting such sexual assault or sexual battery to law enforcement; (ii) all court costs, fines, and restitution have been paid; and (iii) two years have passed since the date of completion of all terms of sentencing and probation. Read bill here.
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HB 865 Expungement of certain misdemeanor drug offenses (2020)
Sponsored by Delegate Mark Levine [D]
12/04/20 House: Left in Courts of Justice
Allows a person convicted of a misdemeanor offense of possession of a controlled substance or marijuana, or charged with such an offense which charge was deferred and dismissed, who has successfully completed all terms of probation to file a petition for expungement one year after the completion of such terms if he has not been convicted of any offense involving violence. Any conviction that is expunged will be considered a prior conviction for purposes of prosecution of any subsequent offense for which the prior conviction statutorily enhances punishment. The bill also provides that any outstanding fines or costs from the misdemeanor conviction may be waived or reduced for an indigent petitioner or for good cause shown. Read bill here.
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HB 1207 Expungement of police and court records - larceny etc. (2020)
Sponsored by Delegate Kathy Tran [D]
12/04/20 House: Left in Courts of Justice
Allows a person convicted of a misdemeanor or felony larceny offense where the value of the property stolen was less than $500 to file a petition for expungement if (i) such person has completed all terms of probation and postrelease supervision imposed as a result of such conviction; (ii) at least five years have passed from the date of conviction, if no active term of incarceration was imposed as a result of such conviction, or the date of completion of an active sentence of incarceration, if an active term of incarceration was imposed as a result of such conviction; and (iii) such person has no subsequent criminal convictions. Read bill here.
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HB 1517 Expungement of police and court records; misdemeanor and nonviolent felony convictions (2020)
Sponsored by Delegate Delores McQuinn [D]
12/04/20 House: Left in Courts of Justice
Allows a person convicted of a misdemeanor or nonviolent felony to file a petition requesting expungement of the police and court records relating to the conviction if such person (i) has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for at least ten years; (ii) has no prior or subsequent convictions other than traffic infractions; and (iii) has no pending criminal proceeding. Read bill here.
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HB 1692 Expungement of police and court records; misdemeanor and nonviolent felony convictions (2020)
Sponsored by Delegate Nicholas Freitas [R]
12/04/20 House: Left in Courts of Justice
Allows a person convicted of a misdemeanor or nonviolent felony to file a petition requesting expungement of the police and court records relating to the conviction if (i) the offense involved no victim; (ii) such person has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for at least two years for a misdemeanor offense or at least five years for a felony offense; (iii) such person has no prior or subsequent convictions other than traffic infractions; and (iv) such person has no pending criminal proceeding. Read bill here.
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HB 5146 Criminal records; automatic expungement for certain convictions, etc. (Special Session 2020)
Introduced by Delegate Charniele Herring [D]
11/09/20 House: Failed to pass
Establishes a process for the automatic expungement of criminal records for certain convictions, deferred dispositions, acquittals, and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. This bill is a recommendation of the Virginia State Crime Commission.
Read bill here.
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HJR 28 Study; Expungement of Criminal Records (2020)
Sponsored by Delegate Michael Mullin (D)
01/29/2020 Bill Failed.
Directs the Virginia State Crime Commission to study expungement of criminal records.
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SB 223 Juvenile records; expungement (2020)
Sponsored by Senator Barbara Favola [D]
12/04/20 Senate: Left in Judiciary
Provides for the expungement of juvenile records for offenses that would be felony larceny if committed by an adult. Under current law, juvenile records of all delinquent acts that would be a felony if committed by an adult are retained. Read bill here.
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SB 608 Expungement of police and court records; pardons
Sponsored by Senator Thomas Norment [R], Senator Ryan McDougle [R], Senator Mark Peake [R]
03/03/20 House: Left in Courts of Justice
Allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, when all court costs, fines, and restitution have been paid, and five years have elapsed since the date of completion of all terms of sentencing and probation. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit. Read bill here.
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SB 808 Expungement of police and court records; misdemeanor and felony convictions (2020)
Sponsored by Senator Joseph Morrissey [D]
12/04/20 Senate: Left in Judiciary
Allows a person convicted of a criminal offense to file a petition requesting expungement of the police and court records relating to the conviction if such person (i) has been free from any term of incarceration, probation, and postrelease supervision imposed as a result of such conviction for (a) at least eight years for a misdemeanor offense or (b) at least 12 years for a felony offense, (ii) has no subsequent convictions other than traffic infractions, and (iii) has no pending criminal proceeding. Read bill here.
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SB 914 Petition for vacatur and expungement of convictions and police and court records of victims of human trafficking (2020)
Sponsored by Senator Mamie Locke [D]
12/04/20 Senate: Left in Judiciary
Allows any person who was a victim of human trafficking at the time of an offense that led to a criminal charge or conviction of certain crimes to petition the court to vacate such conviction and expunge the police and court records related to such conviction or to expunge the police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participation in an offense was a result of having been a victim of human trafficking if there is official documentation, defined in the bill, of the petitioner's status as a victim of human trafficking at the time of the offense. Read bill here.
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SB 947 Expungement of police and court records; acquittals (2020)
Sponsored by Senator Richard Saslaw [D]
12/04/20 Senate: Left in Judiciary
Provides that a court that enters a judgment acquitting a person of a criminal charge shall also enter an order requiring the expungement of the police and court records relating to the charge. Currently, such a person may file a separate petition for the expungement of such records; however, except in certain cases involving misdemeanor charges, the person is not entitled to an order of expungement, and the court hearing the petition must find that the continued existence and possible dissemination of such records causes or may cause circumstances that constitute a manifest injustice to such person before such an order will be entered. Read bill here.
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SB 5043 Expungement of police and court records (Special Session 2020)
11/09/20 Senate: No further action taken
11/09/20 Senate: Failed to pass
Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, when all court costs, fines, and restitution have been paid and five years have elapsed since the date of completion of all terms of sentencing and probation. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.
Read bill here.