VirginiaHB12982026 Regular SessionHouse

Human trafficking; issuance of vacatur for victims, definitions.

Sponsored By: Karrie K. Delaney (Democratic)

Became Law

Summary

Issuance of vacatur for victims of human trafficking. Expands the current process for the issuance of writs of vacatur for victims of human trafficking to include ancillary matters, defined in the bill, and any charge or arrest related to a qualifying offense as defined in current law. The bill also expands the list of qualifying offenses eligible for such writ. This bill is identical to SB 748.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Trafficking victims erase records and get refunds

If the court grants a writ of vacatur, the court orders expungement after any appeal is finished. The clerk sends the order and your fingerprints to the State Police, which remove the qualifying offense and listed records. The court keeps the vacatur file and releases it only by court order. You get back all fines and penalties you paid; if the clerk lacks records, you must show what you paid. You no longer owe any unpaid restitution from that case. The person harmed in that case is treated as a crime victim for state compensation, and their reimbursement claim starts on the grant date. If you could not afford court fees, you do not pay them, and any costs you paid are refunded when the writ is entered.

How trafficking victims file for relief

To ask for vacatur, you file a sworn petition on the Supreme Court’s form. Include your identity, the dates, that you were a trafficking victim then, and that trafficking caused the offense. File a complete set of fingerprints from a law‑enforcement agency. Add a short, plain statement under seal about the trafficking facts; the court limits who can see it. File in the circuit court where the arrest, charge, conviction, or juvenile adjudication happened. Serve the prosecutor, who has 30 days to object or answer. These cases follow civil court rules. The law defines who counts as a trafficking victim, which offenses qualify, and which related records can be cleared.

How the court decides your petition

The court grants vacatur if you prove the elements by a preponderance of the evidence. Official documents create a presumption you were a trafficking victim, and can establish proximate cause. If the prosecutor files a written no‑objection and confirms victim status and cause, the court can grant without a hearing. If the prosecutor objects or does not answer, the court holds a hearing after giving notice. The prosecutor may present evidence, even some that was suppressed before, and must try to notify any crime victim. Any party can appeal the decision to the Supreme Court of Virginia.

Sponsors & Cosponsors

Sponsor

  • Karrie K. Delaney

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 386 • No: 0

House vote 3/6/2026

Senate substitute agreed to by House

Yes: 97 • No: 0

Senate vote 3/4/2026

Passed Senate with substitute Block Vote

Yes: 40 • No: 0

Senate vote 3/4/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/3/2026

Reported from Finance and Appropriations

Yes: 14 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/25/2026

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote 2/13/2026

Reported from Appropriations

Yes: 22 • No: 0

House vote 2/13/2026

Subcommittee recommends reporting

Yes: 7 • No: 0 • Other: 1

House vote 2/11/2026

Reported from Courts of Justice with substitute and referred to Appropriations

Yes: 22 • No: 0

House vote 2/11/2026

Reconsidered by Courts of Justice (Voice Vote)

Yes: 0 • No: 0

House vote 2/4/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

House vote 1/30/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0770)

    4/13/2026Governor
  2. Approved by Governor-Chapter 770 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Bill text as passed House and Senate (HB1298ER)

    3/13/2026House
  6. Enrolled

    3/13/2026House
  7. Signed by President

    3/13/2026Senate
  8. Signed by Speaker

    3/13/2026House
  9. Senate substitute agreed to by House (97-Y 0-N 0-A)

    3/6/2026House
  10. Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

    3/4/2026Senate
  11. Courts of Justice Substitute agreed to

    3/4/2026Senate
  12. Engrossed by Senate - committee substitute

    3/4/2026Senate
  13. Read third time

    3/4/2026Senate
  14. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  15. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  16. Rules suspended

    3/3/2026Senate
  17. Reported from Finance and Appropriations (14-Y 0-N)

    3/3/2026Senate
  18. Committee substitute printed 26108569D-S1

    2/27/2026Senate
  19. Senate committee offered

    2/25/2026Senate
  20. Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (15-Y 0-N)

    2/25/2026Senate
  21. Referred to Committee for Courts of Justice

    2/18/2026Senate
  22. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  23. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  24. Engrossed by House - committee substitute

    2/16/2026House
  25. committee substitute agreed to

    2/16/2026House

Bill Text

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