VirginiaSB14662025 Regular SessionSenate

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

Sponsored By: Scott A. Surovell (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 HB 2723.

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Scott A. Surovell

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 503 • No: 72

House vote • 4/2/2025

House concurred in Governor's recommendation

Yes: 96 • No: 0

Senate vote • 4/2/2025

Senate concurred in Governor's recommendation

Yes: 40 • No: 0

Senate vote • 2/22/2025

Conference report agreed to by Senate

Yes: 28 • No: 11

House vote • 2/22/2025

Conference report agreed to by House

Yes: 97 • No: 0

Senate vote • 2/19/2025

Senate acceded to request

Yes: 40 • No: 0

Senate vote • 2/17/2025

House substitute rejected by Senate

Yes: 0 • No: 39

House vote • 2/13/2025

Passed House with substitute

Yes: 97 • No: 0

House vote • 2/10/2025

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

Senate vote • 2/4/2025

Read third time and passed Senate

Yes: 25 • No: 15

Senate vote • 1/30/2025

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0 • Other: 1

Senate vote • 1/29/2025

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 4

Senate vote • 1/27/2025

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

Yes: 9 • No: 3 • Other: 2

Actions Timeline

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

    4/2/2025Senate
  2. Acts of Assembly Chapter text (CHAP0634)

    4/2/2025Governor
  3. Enacted, Chapter 634 (Effective - see bill)

    4/2/2025House
  4. Signed by Speaker as reenrolled

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

    4/2/2025Senate
  6. Reenrolled bill text (SB1466ER2)

    4/2/2025Senate
  7. Reenrolled

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

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

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

    3/24/2025Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (SB1466)

    3/14/2025Senate
  12. Governor's Action Deadline 11:59 p.m., March 24, 2024

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

    3/11/2025Senate
  14. Signed by President

    3/10/2025Senate
  15. Bill text as passed Senate and House (SB1466ER)

    3/7/2025Senate
  16. Enrolled

    3/7/2025Senate
  17. Signed by Speaker

    3/7/2025House
  18. Conference report agreed to by Senate (28-Y 11-N)

    2/22/2025Senate
  19. Conference substitute printed 25107964D-S4

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

    2/22/2025
  21. Passed by temporarily

    2/22/2025Senate
  22. Conference report agreed to by House (97-Y 0-N)

    2/22/2025House
  23. Delegates: Herring, Hope, Gilbert

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

    2/20/2025House
  25. Senate acceded to request (40-Y 0-N)

    2/19/2025Senate

Bill Text

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