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Bill > SB230


VA SB230

VA SB230
Police and court records; expungement of records, delayed effective date.


summary

Introduced
01/11/2026
In Committee
03/02/2026
Crossed Over
03/06/2026
Passed
03/12/2026
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Expungement of police and court records. Permits the expungement of police and court records relating to an initial charge when a person is arrested, charged, summonsed, or indicted for the commission of an infraction, a crime, or a civil offense and such person is not ultimately convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine the facts sufficient to find guilt but deferred adjudication or disposition to a later date. The bill also permits that a petition may request expungement of the police and court records for multiple charges arising out of separate transactions or occurrences. The bill also provides that if a person was the subject of a delinquency or traffic proceeding and was not ultimately adjudicated delinquent or convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine facts sufficient to find guilt but deferred adjudication or disposition to a later date, such matter is eligible for expungement. Lastly, the bill (i) allows certain deferred dispositions to be eligible for expungement; (ii) requires the attorney for the Commonwealth, if he files an objection to the petition for expungement, to include the factual basis for such objection; (iii) provides that the unavailability of certain information shall not be a basis for refusing expungement; (iv) requires the court, if it finds potential manifest injustice to the petitioner, to order expungement; (v) provides that the existence of a prior conviction alone shall not be a sufficient basis to deny an expungement; (vi) allows any person whose petition for relief is the subject of an appeal to proceed under a pseudonym pursuant to relevant law; and (vii) allows specifically identified emergency or preliminary protective orders to be expunged. The bill has a delayed effective date of December 1, 2026.

AI Summary

This bill allows for the expungement, or removal, of police and court records when an initial charge for an infraction, crime, or civil offense is reduced, amended, or otherwise not resulting in a conviction for that original charge. This means if someone is charged with something but ends up being convicted of a lesser offense or has the charge dropped, they can petition to have the records related to the original charge removed. The bill also permits a single petition to request expungement for multiple charges if they all stem from the same incident. Importantly, the bill mandates that the Department of State Police and the Office of the Executive Secretary study the costs of implementing these changes and report their findings by October 1, 2026. Furthermore, the provisions of this bill will not take effect unless the General Assembly (the state legislature) reenacts them in a future session, indicating a delayed implementation and a need for further legislative approval.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Governor's recommendation received by Senate (on 04/13/2026)

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