Police and court records; expungement, definition of 'otherwise dismissed.'
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.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.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House of Delegates Passage
Mar 2024
Senate Passage
Mar 2024
Vetoed
Apr 2024
Introduced Jan 9, 2024
Vetoed Apr 8, 2024
Floor votes · Senate Feb 29, 2024 · House of Delegates Feb 8, 2024
How they voted
39–0
Passed · 1 other
Total votes 40
Feb 29, 2024
D
Democratic21
95% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
50
Key actions
17
Committee
9
Amendments
4
Apr 17, 2024
Vetoed
House sustained Governor's veto
lower
Apr 8, 2024
Vetoed
Vetoed by Governor
executive
Mar 26, 2024
Lower · Passed
Signed by Speaker
lower
Mar 25, 2024
Upper · Passed
Signed by President
upper
Mar 25, 2024
Lower · Passed
Bill text as passed House and Senate (HB838ER)
lower
Mar 7, 2024
Lower · Passed
Senate substitute with amendment agreed to by House 24107891D-S1 (49-Y 47-N)
lower
Mar 6, 2024
Upper · Passed
Passed Senate with substitute with amendment (23-Y 17-N)
upper
Mar 6, 2024
Upper · Passed
Amendment by Senator Surovell agreed to
upper
Mar 6, 2024
Introduced
Reading of amendment waived
upper
Mar 6, 2024
Amended
Committee amendment rejected
upper
Mar 5, 2024
Upper · Passed
Passed by for the day
upper
Mar 4, 2024
Upper · Passed
Passed by for the day
upper
Mar 1, 2024
Upper · Passed
Passed by for the day
upper
Feb 29, 2024
Senate · Passed
Senate Vote: pass (39-0-1)
senate
Feb 28, 2024
Upper · Passed
Reported from Finance and Appropriations with amendment (10-Y 5-N)
upper
Feb 19, 2024
Committee
Rereferred to Finance and Appropriations
upper
Feb 19, 2024
Upper · Passed
Reported from Courts of Justice with substitute (8-Y 5-N)
upper
Feb 9, 2024
Committee
Referred to Committee for Courts of Justice
upper
Feb 8, 2024
Lower · Passed
VOTE: Passage (55-Y 42-N)
lower
Feb 8, 2024
Lower · Passed
Read third time and passed House (55-Y 42-N)
lower
Feb 2, 2024
Lower · Passed
Reported from Courts of Justice with substitute (13-Y 8-N)
lower
Feb 2, 2024
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 29, 2024
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 26, 2024
Committee
Assigned Courts sub: Criminal
lower
Jan 9, 2024
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Patrick Hope
DDemocratic
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