VA SB504 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 2-0)
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - Senate sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - Senate 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. 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. 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.
Title
Police and court records; expungement, term "otherwise dismissed."
Sponsors
Roll Calls
2024-03-09 - Senate - Senate: Conference report agreed to by Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-03-09 - House - House: VOTE: Adoption (54-Y 43-N) (Y: 54 N: 43 NV: 0 Abs: 3) [PASS]
2024-03-07 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-05 - Senate - Senate: House amendments rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2024-03-04 - House - House: VOTE: Passage (57-Y 41-N) (Y: 57 N: 41 NV: 0 Abs: 2) [PASS]
2024-02-28 - House - House: Reported from Appropriations with amendment(s) (20-Y 2-N) (Y: 20 N: 2 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with amendment(s) (11-Y 10-N) (Y: 11 N: 10 NV: 0 Abs: 1) [PASS]
2024-02-19 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-13 - Senate - Senate: Read third time and passed Senate (25-Y 15-N) (Y: 25 N: 15 NV: 0 Abs: 0) [PASS]
2024-02-09 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-08 - Senate - Senate: Reported from Finance and Appropriations with amendment (11-Y 4-N) (Y: 11 N: 4 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Reported from Courts of Justice with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
2024-03-09 - House - House: VOTE: Adoption (54-Y 43-N) (Y: 54 N: 43 NV: 0 Abs: 3) [PASS]
2024-03-07 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-05 - Senate - Senate: House amendments rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2024-03-04 - House - House: VOTE: Passage (57-Y 41-N) (Y: 57 N: 41 NV: 0 Abs: 2) [PASS]
2024-02-28 - House - House: Reported from Appropriations with amendment(s) (20-Y 2-N) (Y: 20 N: 2 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with amendment(s) (11-Y 10-N) (Y: 11 N: 10 NV: 0 Abs: 1) [PASS]
2024-02-19 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-13 - Senate - Senate: Read third time and passed Senate (25-Y 15-N) (Y: 25 N: 15 NV: 0 Abs: 0) [PASS]
2024-02-09 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-08 - Senate - Senate: Reported from Finance and Appropriations with amendment (11-Y 4-N) (Y: 11 N: 4 NV: 0 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Reported from Courts of Justice with substitute (12-Y 2-N) (Y: 12 N: 2 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | Senate | Senate sustained Governor's veto |
| 2024-04-17 | Senate | Passed by for the day |
| 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 | Senate | 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 | Senate | Bill text as passed Senate and House (SB504ER) |
| 2024-03-25 | Senate | Enrolled |
| 2024-03-09 | Senate | Conference report agreed to by Senate (21-Y 19-N) |
| 2024-03-09 | House | VOTE: Adoption (54-Y 43-N) |
| 2024-03-09 | House | Conference report agreed to by House (54-Y 43-N) |
| 2024-03-08 | Senate | Conference substitute printed 24109122D-S2 |
| 2024-03-08 | Conference: Amended by conference committee | |
| 2024-03-07 | House | Delegates: Mundon King, Feggans, Lovejoy |
| 2024-03-07 | House | Conferees appointed by House |
| 2024-03-07 | Senate | Senators: Surovell, Carroll Foy, Stanley |
| 2024-03-07 | Senate | Conferees appointed by Senate |
| 2024-03-07 | Senate | Senate acceded to request (40-Y 0-N) |
| 2024-03-06 | House | House requested conference committee |
| 2024-03-06 | House | House insisted on amendments |
| 2024-03-05 | Senate | House amendments rejected by Senate (0-Y 40-N) |
| 2024-03-04 | House | VOTE: Passage (57-Y 41-N) |
| 2024-03-04 | House | Passed House with amendments (57-Y 41-N) |
| 2024-03-04 | House | Engrossed by House as amended |
| 2024-03-04 | House | Committee on Appropriations amendments agreed to |
| 2024-03-04 | House | Committee on Courts of Justice amendments agreed to |
| 2024-03-04 | House | Read third time |
| 2024-03-01 | House | Read second time |
| 2024-02-28 | House | Reported from Appropriations with amendment(s) (20-Y 2-N) |
| 2024-02-23 | House | Referred to Committee on Appropriations |
| 2024-02-23 | House | Reported from Courts of Justice with amendment(s) (11-Y 10-N) |
| 2024-02-19 | House | Subcommittee recommends referring to Committee on Appropriations |
| 2024-02-19 | House | Subcommittee recommends reporting with amendments (5-Y 3-N) |
| 2024-02-16 | House | Assigned Courts sub: Criminal |
| 2024-02-16 | House | Referred to Committee for Courts of Justice |
| 2024-02-16 | House | Read first time |
| 2024-02-16 | House | Placed on Calendar |
| 2024-02-13 | Senate | Read third time and passed Senate (25-Y 15-N) |
| 2024-02-12 | Senate | Printed as engrossed 24106746D-ES1 |
| 2024-02-12 | Senate | Engrossed by Senate - committee substitute SB504ES1 |
| 2024-02-12 | Senate | Committee amendment agreed to |
| 2024-02-12 | Senate | Reading of amendment waived |
| 2024-02-12 | Senate | Committee substitute agreed to 24106746D-S1 |
| 2024-02-12 | Senate | Reading of substitute waived |
| 2024-02-12 | Senate | Read second time |
| 2024-02-09 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-08 | Senate | Reported from Finance and Appropriations with amendment (11-Y 4-N) |
| 2024-02-05 | Senate | Rereferred to Finance and Appropriations |
| 2024-02-05 | Senate | Committee substitute printed 24106746D-S1 |
| 2024-02-05 | Senate | Reported from Courts of Justice with substitute (12-Y 2-N) |
| 2024-01-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-01-09 | Senate | Prefiled and ordered printed; offered 01/10/24 24104896D |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 17 | 1 | 205.1 | (n/a) | See Bill Text |
| 19 | 2 | 392.12 | (n/a) | See Bill Text |
| 19 | 2 | 392.16 | (n/a) | See Bill Text |
| 19 | 2 | 392.2 | (n/a) | See Bill Text |
