Bill Text: VA HB747 | 2012 | Regular Session | Prefiled
Bill Title: Juvenile delinquency records; destruction of court records for underage possession of alcohol.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-10 - House: Stricken from docket by Courts of Justice by voice vote [HB747 Detail]
Download: Virginia-2012-HB747-Prefiled.html
12102744D Be it enacted by the General Assembly of Virginia: 1. That § 16.1-306 of the Code of Virginia is amended and reenacted as follows: §16.1-306. Expungement of court records. A. Notwithstanding the provisions of §16.1-69.55, the clerk of the juvenile and domestic relations district court shall, on January 2 of each year or on a date designated by the court, destroy its files, papers and records, including electronic records, connected with any proceeding concerning a juvenile in such court, if such juvenile has attained the age of 19 years and five years have elapsed since the date of the last hearing in any case of the juvenile which is subject to this section. However, if the juvenile was found guilty of (i) an offense for which the clerk is required by §46.2-383 to furnish an abstract to the Department of Motor Vehicles, the records shall be destroyed when the juvenile has attained the age of 29 or (ii) a violation of §4.1-305, the records shall be destroyed when the juvenile has either attained the age of 21 years or has attained the age of 19 years and five years have elapsed since the date of the last hearing in such case, whichever is later. If the juvenile was found guilty of a delinquent act which would be a felony if committed by an adult, the records shall be retained. B. In all files in which the court records concerning a juvenile contain a finding of guilty of a delinquent act which would be a felony if committed by an adult or an offense for which the clerk is required by §46.2-383 to furnish an abstract to the Department of Motor Vehicles together with findings of not innocent of other acts, all of the records of such juvenile subject to this section shall be retained and available for inspection as provided in §16.1-305. C. A person who has been the subject of a delinquency or
traffic proceeding D. Each person shall be notified of his rights under
subsections A and C E. Upon destruction of the records of a proceeding as provided in subsections A, B, and C, the violation of law shall be treated as if it never occurred. All index references shall be deleted and the court and law-enforcement officers and agencies shall reply and the person may reply to any inquiry that no record exists with respect to such person. F. All docket sheets shall be destroyed in the sixth year after the last hearing date recorded on the docket sheet. |