VA HB838 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
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. 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.
Title
Police and court records; expungement, definition of "otherwise dismissed."
Sponsors
Roll Calls
2024-03-07 - House - House: VOTE: Adoption (49-Y 47-N) (Y: 49 N: 47 NV: 0 Abs: 4) [PASS]
2024-03-06 - Senate - Senate: Passed Senate with substitute with amendment (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-02-29 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-28 - Senate - Senate: Reported from Finance and Appropriations with amendment (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-19 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 5-N) (Y: 8 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (55-Y 42-N) (Y: 55 N: 42 NV: 0 Abs: 3) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice with substitute (13-Y 8-N) (Y: 13 N: 8 NV: 0 Abs: 1) [PASS]
2024-01-29 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-03-06 - Senate - Senate: Passed Senate with substitute with amendment (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-02-29 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-28 - Senate - Senate: Reported from Finance and Appropriations with amendment (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-19 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 5-N) (Y: 8 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (55-Y 42-N) (Y: 55 N: 42 NV: 0 Abs: 3) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice with substitute (13-Y 8-N) (Y: 13 N: 8 NV: 0 Abs: 1) [PASS]
2024-01-29 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | House sustained Governor's veto |
| 2024-04-08 | Governor: Vetoed by Governor | |
| 2024-03-27 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-27 | House | Enrolled Bill communicated to Governor on March 27, 2024 |
| 2024-03-26 | House | Signed by Speaker |
| 2024-03-25 | Senate | Signed by President |
| 2024-03-25 | House | Bill text as passed House and Senate (HB838ER) |
| 2024-03-25 | House | Enrolled |
| 2024-03-07 | House | VOTE: Adoption (49-Y 47-N) |
| 2024-03-07 | House | Senate substitute with amendment agreed to by House 24107891D-S1 (49-Y 47-N) |
| 2024-03-06 | Senate | Passed Senate with substitute with amendment (23-Y 17-N) |
| 2024-03-06 | Senate | Engrossed by Senate - committee substitute with amendment HB838S1 |
| 2024-03-06 | Senate | Amendment by Senator Surovell agreed to |
| 2024-03-06 | Senate | Reading of amendment waived |
| 2024-03-06 | Senate | Committee amendment rejected |
| 2024-03-06 | Senate | Committee substitute agreed to 24107891D-S1 |
| 2024-03-06 | Senate | Reading of substitute waived |
| 2024-03-06 | Senate | Read third time |
| 2024-03-05 | Senate | Passed by for the day |
| 2024-03-05 | Senate | Read third time |
| 2024-03-04 | Senate | Passed by for the day |
| 2024-03-04 | Senate | Read third time |
| 2024-03-01 | Senate | Passed by for the day |
| 2024-03-01 | Senate | Read third time |
| 2024-02-29 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-28 | Senate | Reported from Finance and Appropriations with amendment (10-Y 5-N) |
| 2024-02-19 | Senate | Rereferred to Finance and Appropriations |
| 2024-02-19 | Senate | Committee substitute printed 24107891D-S1 |
| 2024-02-19 | Senate | Reported from Courts of Justice with substitute (8-Y 5-N) |
| 2024-02-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-02-09 | Senate | Constitutional reading dispensed |
| 2024-02-08 | House | VOTE: Passage (55-Y 42-N) |
| 2024-02-08 | House | Read third time and passed House (55-Y 42-N) |
| 2024-02-07 | House | Engrossed by House - committee substitute HB838H1 |
| 2024-02-07 | House | Committee substitute agreed to 24106578D-H1 |
| 2024-02-07 | House | Read second time |
| 2024-02-06 | House | Read first time |
| 2024-02-02 | House | Committee substitute printed 24106578D-H1 |
| 2024-02-02 | House | Reported from Courts of Justice with substitute (13-Y 8-N) |
| 2024-01-29 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| 2024-01-26 | House | Assigned Courts sub: Criminal |
| 2024-01-09 | House | Referred to Committee for Courts of Justice |
| 2024-01-09 | House | Prefiled and ordered printed; offered 01/10/24 24104445D |
