VirginiaHB12982026 Regular SessionHouse

Human trafficking; issuance of vacatur for victims, definitions.

Sponsored By: Karrie K. Delaney (Democratic)

Signed by Governor

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: 3 benefits, 0 costs, 0 mixed.

Trafficking victims can clear qualifying criminal records

Virginia law lets labor- or sex-trafficking victims ask a circuit court to set aside qualifying criminal matters caused by trafficking. This covers arrests, charges, convictions, juvenile findings, and related matters such as probation violations or failure to appear. Eligible offenses include attempted, completed, or conspired misdemeanors and felonies outside Virginia's statutory violent-felony list. You must show that you were trafficked at the relevant time and that trafficking directly caused the matter. Unless the prosecutor agrees and does not object, you must prove the required facts are more likely true than not. Official documentation creates a presumption of trafficking victim status that can be challenged; documentation addressing the causal link provides an initial showing of that link. File in the circuit court where each matter occurred; matters from one locality can share a petition. The Commonwealth receives the petition and has 30 days to respond, with possible extensions. The court can grant relief without a hearing when the Commonwealth agrees; otherwise, an objection or no response requires a hearing. Decisions can be appealed to the Supreme Court of Virginia. After relief survives the appeal process, the court sends an expungement order and required records to State Police to clear the official criminal history. The court keeps the writ and proceeding records, which require a court order for access, and can protect identifying information.

Trafficking victims gain relief from restitution debts

Before granting relief, the court must check whether restitution remains unpaid. When the court sets aside a qualifying offense, the trafficking victim no longer owes restitution under that offense's sentencing order. The victim of that offense can seek awards through Virginia's crime-victim compensation program. That person's restitution-reimbursement claim starts accruing on the date the court grants the writ. The law does not set an award amount or guarantee payment.

Trafficking victims get refunds and fee relief

If the court finds you unable to pay, you do not owe filing fees or costs for your petition. When the court grants relief, clerks must refund applicable petition fees and costs you already paid. You also get back all fines and penalties paid for the qualifying offense and related matters. If the clerk no longer has payment records, you must show how much you paid to receive that refund. Refund amounts depend on your actual payments.

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

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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

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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