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SB1466

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

Status:
Enacted

Session:
2025 Regular Session

Summary

As Passed House of Origin. Criminal records; expungement and sealing of records.

Amends numerous statutes related to the expungement and sealing of criminal records that are scheduled to become effective on July 1, 2025. In addition, the bill requires (i) the Department of State Police to develop a secure portal for the purpose of allowing government agencies to determine whether a record has been sealed prior to responding to a request pursuant to current law by October 1, 2026; (ii) the Virginia Indigent Defense Commission to (a) educate and provide support to public defenders and certified court-appointed counsel on expungement and sealing, (b) conduct trainings on expungement and sealing across the Commonwealth, (c) develop a library of resources on expungement and sealing for use by public defenders and court-appointed counsel, and (d) post information regarding expungement and sealing for use by the public on its website; and (iii) the Department of State Police, Department of Motor Vehicles, Office of the Executive Secretary of the Supreme Court of Virginia, and clerk of any circuit court to provide data and information on sealing upon request of the Virginia State Crime Commission for purposes of monitoring and evaluating the implementation and impact of the sealing processes. The bill also directs (A) the Office of the Executive Secretary of the Supreme Court of Virginia to collect data related to petitions filed pursuant to relevant law, (B) the Virginia State Crime Commission to analyze data and information collected on automatic and petition sealing and report to the General Assembly by the first day of the 2026 Regular Session, and (C) the Virginia State Crime Commission to continue its study on the sealing of criminal records and report its work to the General Assembly by the first day of the 2026 Regular Session.

The bill repeals the Sealing Fee Fund and directs any money in such Fund to be reverted to the general fund. The bill contains a delayed effective date of July 1, 2026, for the provisions related to the sealing of former possession of marijuana offenses without entry of a court order and the sealing of charges and convictions related to automatic sealing and such petitions. Lastly, the bill delays the repeal of the relevant law related to marijuana possession, limits on dissemination of criminal history record information, and prohibited practices by employers, educational institutions, and state and local governments until July 1, 2026. As introduced, this bill was a recommendation of the Virginia State Crime Commission. (Less)
  • Bill History

  • 01/17/2025 - Senate: Presented and ordered printed 25103271D
  • 01/17/2025 - Senate: Referred to Committee for Courts of Justice
  • 01/27/2025 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB1466)
  • 01/27/2025 - Senate: Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (9-Y 3-N 2-A)
  • 01/27/2025 - Senate: Rereferred to Finance and Appropriations
  • 01/27/2025 - Senate: Committee substitute printed 25105620D-S1
  • 01/29/2025 - Senate: Reported from Finance and Appropriations with substitute (10-Y 4-N)
  • 01/29/2025 - Senate: Committee substitute printed 25106358D-S2
  • 01/30/2025 - Senate: Rules suspended
  • 01/30/2025 - Senate: Constitutional reading dispensed (on 1st reading) (39-Y 0-N 1-A)
  • 01/30/2025 - Senate: Passed by for the day
  • 01/31/2025 - Senate: Read second time
  • 01/31/2025 - Senate: Passed by for the day
  • 02/03/2025 - Senate: Floor substitute printed 25106624D-S3 (Surovell)
  • 02/03/2025 - Senate: Read second time
  • 02/03/2025 - Senate: Courts of Justice Substitute rejected
  • 02/03/2025 - Senate: Finance and Appropriations Substitute rejected
  • 02/03/2025 - Senate: Reading of substitute waived
  • 02/03/2025 - Senate: Senator Surovell, Scott A. Substitute agreed to
  • 02/03/2025 - Senate: Engrossed by Senate - floor substitute
  • 02/04/2025 - Senate: Read third time and passed Senate (25-Y 15-N)   Close Floor Vote
  • 02/07/2025 - House: Placed on Calendar
  • 02/07/2025 - House: Read first time
  • 02/07/2025 - House: Referred to Committee for Courts of Justice
  • 02/07/2025 - House: Placed on Courts of Justice Agenda
  • 02/10/2025 - House: Reported from Courts of Justice with substitute (22-Y 0-N)
  • 02/10/2025 - House: Committee substitute printed 25107009D-H1
  • 02/12/2025 - House: Read second time
  • 02/13/2025 - House: Moved from Uncontested Calendar to Regular Calendar
  • 02/13/2025 - House: Read third time
  • 02/13/2025 - House: Courts of Justice Substitute agreed to
  • 02/13/2025 - House: Engrossed by House - committee substitute
  • 02/13/2025 - House: Passed House with substitute (97-Y 0-N)
  • 02/14/2025 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB1466)
  • 02/17/2025 - Senate: House substitute rejected by Senate (0-Y 39-N)
  • 02/18/2025 - House: House insisted on substitute
  • 02/18/2025 - House: House requested conference committee
  • 02/19/2025 - Senate: Senate acceded to request (40-Y 0-N)
  • 02/19/2025 - Senate: Conferees appointed by Senate
  • 02/19/2025 - Senate: Senators: Surovell, Lucas, Peake
  • 02/20/2025 - House: Conferees appointed by House
  • 02/20/2025 - House: Delegates: Herring, Hope, Gilbert
  • 02/22/2025 - Amended by conference committee
  • 02/22/2025 - Senate: Conference substitute printed 25107964D-S4
  • 02/22/2025 - House: Conference report agreed to by House (97-Y 0-N)
  • 02/22/2025 - Senate: Passed by temporarily
  • 02/22/2025 - Senate: Conference report agreed to by Senate (28-Y 11-N)
  • 03/07/2025 - Senate: Enrolled
  • 03/07/2025 - Senate: Bill text as passed Senate and House (SB1466ER)
  • 03/07/2025 - House: Signed by Speaker
  • 03/10/2025 - Senate: Signed by President
  • 03/11/2025 - Senate: Enrolled Bill Communicated to Governor on March 11, 2025
  • 03/11/2025 - Governor's Action Deadline 11:59 p.m., March 24, 2024
  • 03/14/2025 - Senate: Fiscal Impact Statement from Department of Planning and Budget (SB1466)
  • 03/24/2025 - Governor's recommendation received by Senate
  • 03/24/2025 - Governor's Recommendation
  • 04/02/2025 - Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/02/2025 - House: House concurred in Governor's recommendation (96-Y 0-N)
  • 04/02/2025 - Governor's recommendation adopted
  • 04/02/2025 - Senate: Reenrolled
  • 04/02/2025 - Senate: Reenrolled bill text (SB1466ER2)
  • 04/02/2025 - Senate: Signed by President as reenrolled
  • 04/02/2025 - House: Signed by Speaker as reenrolled
  • 04/02/2025 - House: Enacted, Chapter 634 (Effective - see bill)
  • 04/02/2025 - Acts of Assembly Chapter text (CHAP0634)