Virginia Senate Bill 1402 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on March 26 2023 - 100% progression
Action: 2023-03-26 - Governor: Acts of Assembly Chapter text (CHAP0555)
Text: Latest bill text (Chaptered) [HTML]

Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses. Criminal records; expungement and sealing of records; repeal. Repeals the statute providing for the limitation on the dissemination of criminal history record information related to the possession of marijuana and the statute related to automatic sealing for mistaken identity or unauthorized use of identifying information. The bill also repeals the provisions related to the automatic and petition-based expungement of former marijuana offenses and instead provides for the sealing of such offenses. The bill also removes the provisions related to the automatic sealing of underage possession of alcohol offenses and instead provides for petition-based sealing of such offenses. The bill creates an electronic, name-based criminal history record search to be used when an expungement or sealing petition is filed and requires the court to maintain a copy of a sealing order and send an electronic notification, rather than an order as current law requires, to the Department of State Police after an offense is sealed. The bill also allows courts and attorneys for the Commonwealth to access sealed records in instances where the court or parties failed to strictly comply with sealing procedures or an order for sealing was entered contrary to law and clarifies that a petition for sealing can only include offenses that arose out of the same transaction or occurrence. The bill makes additional changes to the processes for expungement and sealing, including updates to the process of forwarding a petitioner's criminal history record to the court and maintaining expungement pleadings under seal. The bill provides a petition process by which the person who was charged with an offense that was ordered to be expunged may request access to such expunged court or police record. The repeal of the statute related to the limitation on the dissemination of criminal history record information related to the possession of marijuana and various other provisions of the bill have a delayed effective date of the earlier of (i) the date on which the processes to seal criminal history record information and court records pursuant to Chapters 524 and 542 of the Acts of Assembly of 2021, Special Session I, become effective or (ii) July 1, 2025. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

Criminal records; expungement and sealing of records.

Sen. Scott Surovell [D]

2023-02-16 - House - House: VOTE: Block Vote Passage (99-Y 0-N) (Y: 99 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-13 - House - House: Reported from Courts of Justice (19-Y 0-N) (Y: 19 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-06 - Senate - Senate: Passed Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-06 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-03 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2023-02-01 - Senate - Senate: Reported from Judiciary with amendments (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2023-03-26		Governor: Acts of Assembly Chapter text (CHAP0555)
2023-03-26		Governor: Approved by Governor-Chapter 555 (effective - see bill)
2023-03-02		Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-02	Senate	Enrolled Bill Communicated to Governor on March 2, 2023
2023-02-24	Senate	Signed by President
2023-02-21	House	Signed by Speaker
2023-02-21	Senate	Bill text as passed Senate and House (SB1402ER)
2023-02-21	Senate	Enrolled
2023-02-16	House	VOTE: Block Vote Passage (99-Y 0-N)
2023-02-16	House	Passed House BLOCK VOTE (99-Y 0-N)
2023-02-16	House	Read third time
2023-02-15	House	Read second time
2023-02-13	House	Reported from Courts of Justice (19-Y 0-N)
2023-02-10	House	Referred to Committee for Courts of Justice
2023-02-10	House	Read first time
2023-02-10	House	Placed on Calendar
2023-02-06	Senate	Passed Senate (39-Y 0-N)
2023-02-06	Senate	Constitutional reading dispensed (39-Y 0-N)
2023-02-06	Senate	Printed as engrossed 23102885D-E
2023-02-06	Senate	Engrossed by Senate as amended SB1402E
2023-02-06	Senate	Committee amendments agreed to
2023-02-06	Senate	Reading of amendments waived
2023-02-06	Senate	Read second time
2023-02-03	Senate	Constitutional reading dispensed (38-Y 0-N)
2023-02-01	Senate	Reported from Judiciary with amendments (15-Y 0-N)
2023-01-11	Senate	Referred to Committee on the Judiciary
2023-01-11	Senate	Prefiled and ordered printed; offered 01/11/23 23102885D

HB2400 (Same As) 2023-03-26 - Governor: Acts of Assembly Chapter text (CHAP0554)

Chapter	Article	Section	Citation Type	Statute Text
17	1	293.1	(n/a)	See Bill Text
19	2	389.3	(n/a)	See Bill Text
19	2	392.10	(n/a)	See Bill Text
19	2	392.11	(n/a)	See Bill Text
19	2	392.12	(n/a)	See Bill Text
19	2	392.13	(n/a)	See Bill Text
19	2	392.14	(n/a)	See Bill Text
19	2	392.2	(n/a)	See Bill Text
19	2	392.2:1	(n/a)	See Bill Text
19	2	392.2:2	(n/a)	See Bill Text
19	2	392.3	(n/a)	See Bill Text
19	2	392.5	(n/a)	See Bill Text
19	2	392.6	(n/a)	See Bill Text
19	2	392.7	(n/a)	See Bill Text
19	2	392.9	(n/a)	See Bill Text
9	1	128	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB1402
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1402+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1402E+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1402ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0555+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23105379A.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+SB1402AS
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1402F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1402FE122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB1402FER122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0137+SB1402
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0241SB1402+SB1402
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0276SB1402+SB1402
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0277SB1402+SB1402
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0250+SB1402
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1913+SB1402