SB 5043 Virginia Senate · 2020, 1st Special Session

Police and court records; Expungement Fee Fund created, expungement of certain records.

Summary
Expungement of police and court records; Expungement Fee Fund created. Provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill also allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. The bill also allows a person to petition for an expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol, and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill requires the person to have paid all court costs, fines, and restitution, and for five years to have elapsed since the date of conviction, depending on the nature of the offense. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.The bill creates an Expungement Fee Fund, which would be funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund would be administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill has a delayed effective date of January 1, 2022, and incorporates SB 5006, SB 5009, and SB 5110.
Bill status failed 4 of 5 stages cleared
Introduction
Aug 2020
Committee Review
Oct 2020
Senate Passage
Sep 2020
House of Delegates Passage
Oct 2020
Governor
Introduced Aug 15, 2020 Last action Nov 9, 2020
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
44
Key actions
13
Committee
15
Oct 7, 2020
Lower · Passed
House requested conference committee
lower
Oct 2, 2020
Lower · Passed
Passed House with substitute (58-Y 39-N)
lower
Oct 2, 2020
Lower · Passed
Engrossed by House - committee substitute SB5043H1
lower
Oct 2, 2020
Lower · Passed
Committee substitute agreed to 20201239D-H1
lower
Sep 25, 2020
Lower · Passed
Reported from Appropriations (15-Y 7-N)
lower
Sep 22, 2020
Committee
Referred to Committee on Appropriations
lower
Sep 22, 2020
Lower · Passed
Reported from Courts of Justice with substitute (13-Y 7-N)
lower
Sep 22, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Sep 17, 2020
Committee
Referred to Committee for Courts of Justice
lower
Sep 10, 2020
Upper · Passed
Read third time and passed Senate (38-Y 2-N)
upper
Sep 9, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB5043S2
upper
Sep 9, 2020
Upper · Passed
Committee substitute from Finance and Appropriations agreed to 20201118D-S2
upper
Sep 3, 2020
Upper · Passed
Reported from Finance and Appropriations with substitute (16-Y 0-N)
upper
Sep 3, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Aug 20, 2020
Committee
Rereferred to Finance and Appropriations
upper
Aug 20, 2020
Upper · Passed
Reported from Judiciary with substitute (14-Y 0-N)
upper
Aug 15, 2020
Committee
Referred to Committee on the Judiciary
upper
Aug 15, 2020
Introduced
Prefiled and ordered printed; offered 08/18/20 20200574D
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.