VA SB5043 | 2020 | 1st Special Session

Status

Spectrum: Slight Partisan Bill (Democrat 12-5)
Status: Engrossed on September 9 2020 - 50% progression
Action: 2020-09-17 - Referred to Committee for Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Comm Sub) [HTML]

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.

Tracking Information

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Title

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

Sponsors


Roll Calls

2020-09-10 - Senate - Senate: Read third time and passed Senate (38-Y 2-N) (Y: 38 N: 2 NV: 0 Abs: 0) [PASS]
2020-09-04 - Senate - Senate: Constitutional reading dispensed (37-Y 0-N) (Y: 37 N: 0 NV: 3 Abs: 0) [PASS]
2020-09-03 - Senate - Senate: Reported from Finance and Appropriations with substitute (16-Y 0-N) (Y: 16 N: 0 NV: 0 Abs: 0) [PASS]
2020-08-20 - Senate - Senate: Reported from Judiciary with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-09-17HouseReferred to Committee for Courts of Justice
2020-09-17HouseRead first time
2020-09-17HousePlaced on Calendar
2020-09-10SenateRead third time and passed Senate (38-Y 2-N)
2020-09-09SenateEngrossed by Senate - committee substitute SB5043S2
2020-09-09SenateCommittee substitute from Finance and Appropriations agreed to 20201118D-S2
2020-09-09SenateReading of substitute waived
2020-09-09SenateCommittee substitute from Judiciary rejected 20200911D-S1
2020-09-09SenateReading of substitute waived
2020-09-09SenateRead second time
2020-09-04SenateConstitutional reading dispensed (37-Y 0-N)
2020-09-03SenateCommittee substitute printed 20201118D-S2
2020-09-03SenateReported from Finance and Appropriations with substitute (16-Y 0-N)
2020-08-20SenateRereferred to Finance and Appropriations
2020-08-20SenateCommittee substitute printed 20200911D-S1
2020-08-20SenateIncorporates SB5110 (McDougle)
2020-08-20SenateIncorporates SB5009 (Peake)
2020-08-20SenateIncorporates SB5006 (Norment)
2020-08-20SenateReported from Judiciary with substitute (14-Y 0-N)
2020-08-15SenateReferred to Committee on the Judiciary
2020-08-15SenatePrefiled and ordered printed; offered 08/18/20 20200574D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192392.1(n/a)See Bill Text
192392.2(n/a)See Bill Text
192392.4(n/a)See Bill Text

Virginia State Sources


Bill Comments

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