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HB838

Police and court records; expungement, definition of 'otherwise dismissed.'

Status:
Vetoed

Latest Action: April 17, 2024
House: House sustained Governor's veto

Chief Patron:
Patrick Hope (D)

Session:
2024 Regular Session

Summary

As Passed Both Chambers. Expungement of police and court records.

Provides that for the purposes of expungement of police and court records the term "otherwise dismissed" means to render a legal action out of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies that the term "otherwise dismissed" also includes those circumstances when a person is charged with the commission of a crime, a civil offense, or any offense defined in relevant law and the initial charge is reduced or amended to another offense, including a lesser included offense or the same offense with a lesser gradient of punishment, so that such person is not convicted of the initial charge and may file a petition requesting expungement of the police and court records relating to the initial charge. The bill also provides that if a court finds that the continued existence and possible dissemination of information relating to an arrest may cause circumstances that constitute manifest injustice, including any hindrance to obtain employment, an education, or credit, it shall enter an order requiring the expungement of the police and court records. Under current law, a court shall enter an order of expungement when information relating to an arrest causes or may cause circumstances that constitute a manifest injustice to the petitioner.

The bill also provides that when an initial charge has been reduced or amended to another offense for which reporting to the Central Criminal Records Exchange (CCRE) is still required pursuant to relevant law and an order of expungement is granted for the initial charge, the CCRE shall amend the original arrest but maintain the fingerprints collected from the original arrest. Except for the provisions regarding the circumstances that constitute manifest injustice, the bill has a delayed effective date of January 1, 2026. (Less)

  • Bill History

  • 01/09/2024 - House: Prefiled and ordered printed; offered 01/10/24 24104445D
  • 01/09/2024 - House: Referred to Committee for Courts of Justice
  • 01/26/2024 - House: Assigned Courts sub: Criminal
  • 01/29/2024 - House: House subcommittee amendments and substitutes offered
  • 01/29/2024 - House: Subcommittee recommends reporting with substitute (5-Y 3-N)
  • 02/02/2024 - House: House committee, floor amendments and substitutes offered
  • 02/02/2024 - House: Impact statement from DPB (HB838)
  • 02/02/2024 - House: Reported from Courts of Justice with substitute (13-Y 8-N)
  • 02/02/2024 - House: Committee substitute printed 24106578D-H1
  • 02/06/2024 - House: Read first time
  • 02/07/2024 - House: Read second time
  • 02/07/2024 - House: Committee substitute agreed to 24106578D-H1
  • 02/07/2024 - House: Engrossed by House - committee substitute HB838H1
  • 02/08/2024 - House: Read third time and passed House (55-Y 42-N)
  • 02/08/2024 - House: VOTE: Passage (55-Y 42-N)   Close Floor Vote
  • 02/09/2024 - Senate: Constitutional reading dispensed
  • 02/09/2024 - Senate: Referred to Committee for Courts of Justice
  • 02/13/2024 - House: Impact statement from DPB (HB838H1)
  • 02/19/2024 - Senate: Reported from Courts of Justice with substitute (8-Y 5-N)
  • 02/19/2024 - Senate: Committee substitute printed 24107891D-S1
  • 02/19/2024 - Senate: Rereferred to Finance and Appropriations
  • 02/28/2024 - Senate: Reported from Finance and Appropriations with amendment (10-Y 5-N)
  • 02/29/2024 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/29/2024 - House: Impact statement from DPB (HB838S1)
  • 03/01/2024 - Senate: Read third time
  • 03/01/2024 - Senate: Passed by for the day
  • 03/04/2024 - Senate: Read third time
  • 03/04/2024 - Senate: Passed by for the day
  • 03/05/2024 - Senate: Read third time
  • 03/05/2024 - Senate: Passed by for the day
  • 03/06/2024 - Senate: Read third time
  • 03/06/2024 - Senate: Reading of substitute waived
  • 03/06/2024 - Senate: Committee substitute agreed to 24107891D-S1
  • 03/06/2024 - Senate: Committee amendment rejected
  • 03/06/2024 - Senate: Reading of amendment waived
  • 03/06/2024 - Senate: Amendment by Senator Surovell agreed to
  • 03/06/2024 - Senate: Engrossed by Senate - committee substitute with amendment HB838S1
  • 03/06/2024 - Senate: Passed Senate with substitute with amendment (23-Y 17-N)   Close Floor Vote
  • 03/07/2024 - House: Senate substitute with amendment agreed to by House 24107891D-S1 (49-Y 47-N)
  • 03/07/2024 - House: VOTE: Adoption (49-Y 47-N)   Close Floor Vote
  • 03/25/2024 - House: Enrolled
  • 03/25/2024 - House: Bill text as passed House and Senate (HB838ER)
  • 03/25/2024 - Senate: Signed by President
  • 03/26/2024 - House: Signed by Speaker
  • 03/27/2024 - House: Enrolled Bill communicated to Governor on March 27, 2024
  • 03/27/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
  • 04/08/2024 - House: Impact statement from DPB (HB838ER)
  • 04/08/2024 - Governor: Vetoed by Governor
  • 04/17/2024 - House: House sustained Governor's veto

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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