VirginiaHB27232025 Regular SessionHouse

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

Sponsored By: Charniele L. Herring (Democratic)

Failed

Summary

Criminal records; expungement and sealing of records. Amends numerous statutes related to the expungement and sealing of criminal records that are scheduled to become effective on July 1, 2025. In addition, the bill requires (i) the Department of State Police to develop a secure portal by October 1, 2026, for the purpose of allowing government agencies to determine whether a record has been sealed prior to responding to a request pursuant to current law; (ii) the Virginia Indigent Defense Commission to (a) educate and provide support to public defenders and certified court-appointed counsel on expungement and sealing, (b) conduct trainings on expungement and sealing across the Commonwealth, (c) develop a library of resources on expungement and sealing for use by public defenders and court-appointed counsel, and (d) post information regarding expungement and sealing for use by the public on its website; and (iii) the Department of State Police, Department of Motor Vehicles, Office of the Executive Secretary of the Supreme Court of Virginia, and clerk of any circuit court to provide data and information on sealing upon request of the Virginia State Crime Commission for purposes of monitoring and evaluating the implementation and impact of the sealing processes. The bill also directs (1) the Office of the Executive Secretary of the Supreme Court of Virginia to collect data related to petitions filed pursuant to relevant law, (2) the Virginia State Crime Commission to analyze data and information collected on automatic and petition sealing and report to the General Assembly by the first day of the 2026 Regular Session, and (3) the Virginia State Crime Commission to continue its study on the sealing of criminal records and report its work to the General Assembly by the first day of the 2026 Regular Session.The bill repeals the Sealing Fee Fund and directs any money in such Fund to be reverted to the general fund. The bill contains a delayed effective date of July 1, 2026, for the provisions related to the sealing of former possession of marijuana offenses without entry of a court order and the sealing of charges and convictions related to automatic sealing and such petitions. Lastly, the bill delays the repeal of the relevant law related to marijuana possession, limits on dissemination of criminal history record information, and prohibited practices by employers, educational institutions, and state and local governments until July 1, 2026. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1466.

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Charniele L. Herring

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 508 • No: 157

Senate vote • 4/2/2025

Senate concurred in Governor's recommendation Block Vote

Yes: 40 • No: 0

House vote • 4/2/2025

House concurred in Governor's recommendation Block Vote

Yes: 96 • No: 0

House vote • 2/22/2025

Conference report agreed to by House

Yes: 98 • No: 0

Senate vote • 2/22/2025

Conference report agreed to by Senate

Yes: 28 • No: 12

Senate vote • 2/20/2025

Senate insisted on substitute Block Vote

Yes: 39 • No: 0

House vote • 2/20/2025

Senate substitute rejected by House

Yes: 0 • No: 97

Senate vote • 2/19/2025

Passed Senate with substitute

Yes: 23 • No: 16

Senate vote • 2/17/2025

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote • 2/14/2025

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 4

Senate vote • 2/10/2025

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

Yes: 10 • No: 5

House vote • 2/4/2025

Read third time and passed House

Yes: 89 • No: 7

House vote • 1/31/2025

Reported from Appropriations

Yes: 15 • No: 7

House vote • 1/29/2025

Reported from Courts of Justice with substitute and referred to Appropriations

Yes: 14 • No: 8

House vote • 1/27/2025

Subcommittee recommends reporting with substitute and referring to Appropriations

Yes: 7 • No: 1 • Other: 1

Actions Timeline

  1. Senate concurred in Governor's recommendation Block Vote (40-Y 0-N)

    4/2/2025Senate
  2. Acts of Assembly Chapter text (CHAP0671)

    4/2/2025Governor
  3. Reenrolled bill text (HB2723ER2)

    4/2/2025House
  4. Reenrolled

    4/2/2025House
  5. Enacted, Chapter 671 (Effective - see bill)

    4/2/2025House
  6. Signed by President as reenrolled

    4/2/2025Senate
  7. Signed by Speaker as reenrolled

    4/2/2025House
  8. Governor's recommendation adopted

    4/2/2025Governor
  9. House concurred in Governor's recommendation Block Vote (96-Y 0-N)

    4/2/2025House
  10. Governor's recommendation received by House

    3/24/2025Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (HB2723)

    3/12/2025House
  12. Governor's Action Deadline 11:59 p.m., March 24, 2025

    3/11/2025Governor
  13. Enrolled Bill communicated to Governor on March 11, 2025

    3/11/2025House
  14. Signed by President

    3/10/2025Senate
  15. Bill text as passed House and Senate (HB2723ER)

    3/7/2025House
  16. Enrolled

    3/7/2025House
  17. Signed by Speaker

    3/7/2025House
  18. Conference report agreed to by Senate (28-Y 12-N)

    2/22/2025Senate
  19. Conference substitute printed 25108063D-H2

    2/22/2025House
  20. Amended by conference committee

    2/22/2025
  21. Conference report agreed to by House (98-Y 0-N)

    2/22/2025House
  22. Senate insisted on substitute Block Vote (39-Y 0-N)

    2/20/2025Senate
  23. Senators: Surovell, Lucas, Obenshain

    2/20/2025Senate
  24. Conferees appointed by Senate

    2/20/2025Senate
  25. Delegates: Herring, Hope, Gilbert

    2/20/2025House

Bill Text

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