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SB504

Police and court records; expungement, term 'otherwise dismissed.'

Status:
Vetoed

Latest Action: April 17, 2024
Senate: Passed by for the day

Chief Patron:
Scott Surovell (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. Under the bill, unless the subject of the criminal record requests otherwise, any person who files an appeal of a petition for an expungement that was denied shall be allowed to proceed under a pseudonym, and such designation shall apply in the trial court and on any appeal. The bill also allows for the expungement of any emergency or preliminary protective order that was attached or factually related to an expunged charge or offense, provided that a permanent protective order was not ordered as a result of such emergency or preliminary protective order. 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 requires a business screening service, defined in the bill, to destroy all expunged records, as defined in the bill, and to follow reasonable procedures to ensure that it does not maintain or sell expunged records. The bill also provides that an indigent person may file a petition for expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing Fee Fund. Except for the provisions regarding the filing of an appeal under a pseudonym and the circumstances that constitute manifest injustice, the bill has a delayed effective date of January 1, 2026. (Less)

  • Bill History

  • 01/09/2024 - Senate: Prefiled and ordered printed; offered 01/10/24 24104896D
  • 01/09/2024 - Senate: Referred to Committee for Courts of Justice
  • 01/31/2024 - Senate: Impact statement from DPB (SB504)
  • 02/05/2024 - Senate: Senate committee, floor amendments and substitutes offered
  • 02/05/2024 - Senate: Reported from Courts of Justice with substitute (12-Y 2-N)
  • 02/05/2024 - Senate: Committee substitute printed 24106746D-S1
  • 02/05/2024 - Senate: Rereferred to Finance and Appropriations
  • 02/08/2024 - Senate: Reported from Finance and Appropriations with amendment (11-Y 4-N)
  • 02/09/2024 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/12/2024 - Senate: Read second time
  • 02/12/2024 - Senate: Reading of substitute waived
  • 02/12/2024 - Senate: Committee substitute agreed to 24106746D-S1
  • 02/12/2024 - Senate: Reading of amendment waived
  • 02/12/2024 - Senate: Committee amendment agreed to
  • 02/12/2024 - Senate: Engrossed by Senate - committee substitute SB504ES1
  • 02/12/2024 - Senate: Printed as engrossed 24106746D-ES1
  • 02/13/2024 - Senate: Read third time and passed Senate (25-Y 15-N)   Close Floor Vote
  • 02/16/2024 - House: Placed on Calendar
  • 02/16/2024 - House: Read first time
  • 02/16/2024 - House: Referred to Committee for Courts of Justice
  • 02/16/2024 - House: Assigned Courts sub: Criminal
  • 02/19/2024 - House: Subcommittee recommends reporting with amendments (5-Y 3-N)
  • 02/19/2024 - House: Subcommittee recommends referring to Committee on Appropriations
  • 02/23/2024 - House: Reported from Courts of Justice with amendment(s) (11-Y 10-N)
  • 02/23/2024 - House: Referred to Committee on Appropriations
  • 02/28/2024 - House: House committee, floor amendments and substitutes offered
  • 02/28/2024 - House: Reported from Appropriations with amendment(s) (20-Y 2-N)
  • 02/29/2024 - Senate: Impact statement from DPB (SB504ES1)
  • 03/01/2024 - House: Read second time
  • 03/04/2024 - House: Read third time
  • 03/04/2024 - House: Committee on Courts of Justice amendments agreed to
  • 03/04/2024 - House: Committee on Appropriations amendments agreed to
  • 03/04/2024 - House: Engrossed by House as amended
  • 03/04/2024 - House: Passed House with amendments (57-Y 41-N)
  • 03/04/2024 - House: VOTE: Passage (57-Y 41-N)   Close Floor Vote
  • 03/05/2024 - Senate: House amendments rejected by Senate (0-Y 40-N)
  • 03/06/2024 - House: House insisted on amendments
  • 03/06/2024 - House: House requested conference committee
  • 03/07/2024 - Senate: Senate acceded to request (40-Y 0-N)
  • 03/07/2024 - Senate: Conferees appointed by Senate
  • 03/07/2024 - Senate: Senators: Surovell, Carroll Foy, Stanley
  • 03/07/2024 - House: Conferees appointed by House
  • 03/07/2024 - House: Delegates: Mundon King, Feggans, Lovejoy
  • 03/08/2024 - Conference: Amended by conference committee
  • 03/08/2024 - Senate: Conference substitute printed 24109122D-S2
  • 03/09/2024 - House: Conference report agreed to by House (54-Y 43-N)
  • 03/09/2024 - House: VOTE: Adoption (54-Y 43-N)   Close Floor Vote
  • 03/09/2024 - Senate: Conference report agreed to by Senate (21-Y 19-N)   Close Floor Vote
  • 03/14/2024 - Senate: Impact statement from DPB (SB504S2)
  • 03/25/2024 - Senate: Enrolled
  • 03/25/2024 - Senate: Bill text as passed Senate and House (SB504ER)
  • 03/25/2024 - Senate: Signed by President
  • 03/26/2024 - House: Signed by Speaker
  • 03/27/2024 - Senate: 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 - Senate: Impact statement from DPB (SB504ER)
  • 04/08/2024 - Governor: Vetoed by Governor
  • 04/17/2024 - Senate: Passed by for the day

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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