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Bill > SB1372
VA SB1372
VA SB1372Criminal records; establishes a process for automatic expungement for certain convictions, report.
summary
Introduced
01/13/2021
01/13/2021
In Committee
01/13/2021
01/13/2021
Crossed Over
Passed
Dead
02/08/2021
02/08/2021
Introduced Session
Potential new amendment
2021 Regular Session
Bill Summary
Automatic expungement of criminal records. Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and 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.
AI Summary
This bill establishes a process for the automatic expungement of certain criminal records in Virginia. Key provisions include:
- Defining "automatic expungement" as restricting the dissemination of criminal history records and prohibiting the dissemination of related court records, except for certain authorized purposes.
- Providing for the automatic expungement of offenses that were deferred and dismissed, as well as certain misdemeanor and felony convictions, after a set time period with no additional convictions.
- Establishing a process for the automatic expungement of charges that result in acquittal, nolle prosequi, or dismissal, as well as charges stemming from mistaken identity or unauthorized use of identifying information.
- Restricting employers, educational institutions, and state/local governments from requiring disclosure of automatically expunged records, with some exceptions.
- Providing immunity for court clerks and the Executive Secretary of the Supreme Court when producing expunged records, and making it unlawful for others to disclose such records.
- Requiring the development of automated systems to facilitate the exchange of information needed for the automatic expungement process.
The bill has staggered delayed effective dates to allow for the development and implementation of the necessary systems and procedures.
Committee Categories
Justice
Sponsors (2)
Last Action
Incorporated by Judiciary (on 02/01/2021)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1372 |
| Substitute for SB1372 S-Judiciary, Expungement | https://committees.lis.virginia.gov/pdfs/drafts/21103493D.pdf |
| Fiscal Note/Analysis - Senate: Impact statement from DPB (SB1372 | https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1372F122+PDF |
| Fiscal Note/Analysis - Senate: Prefiled and ordered printed; off | https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+SB1372F160+PDF |
| BillText | https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1372+hil |
| Bill | https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+SB1372+hil+pdf |
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