VirginiaSB2302026 Regular SessionSenate

Police and court records; expungement of records, delayed effective date.

Sponsored By: Scott A. Surovell (Democratic)

Signed by Governor

Summary

Expungement of police and court records. Permits the expungement of police and court records relating to an initial charge when a person is arrested, charged, summonsed, or indicted for the commission of an infraction, a crime, or a civil offense and such person is not ultimately convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine the facts sufficient to find guilt but deferred adjudication or disposition to a later date. The bill also permits that a petition may request expungement of the police and court records for multiple charges arising out of separate transactions or occurrences. The bill also provides that if a person was the subject of a delinquency or traffic proceeding and was not ultimately adjudicated delinquent or convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine facts sufficient to find guilt but deferred adjudication or disposition to a later date, such matter is eligible for expungement. Lastly, the bill (i) allows certain deferred dispositions to be eligible for expungement; (ii) requires the attorney for the Commonwealth, if he files an objection to the petition for expungement, to include the factual basis for such objection; (iii) provides that the unavailability of certain information shall not be a basis for refusing expungement; (iv) requires the court, if it finds potential manifest injustice to the petitioner, to order expungement; (v) provides that the existence of a prior conviction alone shall not be a sufficient basis to deny an expungement; (vi) allows any person whose petition for relief is the subject of an appeal to proceed under a pseudonym pursuant to relevant law; and (vii) allows specifically identified emergency or preliminary protective orders to be expunged. The bill has a delayed effective date of December 1, 2026.

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Bill Overview

Analyzed Economic Effects

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

Easier, fee-free requests to clear charges

Beginning December 1, 2026, people arrested, charged, summonsed, or indicted for an infraction, crime, or civil offense can seek expungement if not ultimately convicted. For charges dismissed through deferred disposition, all parties must agree that the person remains eligible for expungement. Those dismissals can qualify even after a plea or agreement to facts sufficient to support guilt. General eligibility and identity-misuse petitions carry no court filing fees or costs. Virginia State Police must check the accuracy of records ordered expunged, but must not decide eligibility.

New path to clear juvenile records

Beginning December 1, 2026, you can ask to destroy records from a juvenile delinquency or traffic case. You must not have been ultimately found delinquent or convicted. You cannot qualify if you agreed to facts sufficient to find guilt, or the court found such facts while delaying the outcome. You must file a motion and notify the attorney for the Commonwealth. The court must grant your motion unless good cause exists not to destroy the records.

Sponsors & Cosponsors

Sponsor

  • Scott A. Surovell

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 323 • No: 88

Senate vote • 4/22/2026

Governor's recommendation Nos. 2 and 4 passed by (Voice Vote)

Yes: 0 • No: 0

House vote • 4/22/2026

Governor's amendments nos. 1 and 3 agreed to

Yes: 72 • No: 25

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation Nos. 1 and 3

Yes: 24 • No: 15

Senate vote • 3/6/2026

House substitute agreed to by Senate

Yes: 26 • No: 14

House vote • 3/4/2026

Passed House with substitute

Yes: 84 • No: 15

House vote • 3/2/2026

Reported from Courts of Justice with substitute

Yes: 20 • No: 2

House vote • 2/27/2026

Subcommittee recommends reporting with substitute

Yes: 9 • No: 1

Senate vote • 2/17/2026

Read third time and passed Senate

Yes: 27 • No: 12

Senate vote • 2/16/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote • 2/16/2026

Courts of Justice Substitute rejected

Yes: 0 • No: 0

Senate vote • 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 35 • No: 0

Senate vote • 2/12/2026

Reported from Finance and Appropriations with substitute

Yes: 15 • No: 0

Senate vote • 2/4/2026

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

Yes: 11 • No: 4

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1127)

    5/14/2026Governor
  2. Approved by Governor-Chapter 1127 (Effective 12/1/2026)

    5/14/2026Governor
  3. Governor's amendments nos. 1 and 3 agreed to (72-Y 25-N 0-A)

    4/22/2026House
  4. Governor's recommendation Nos. 2 and 4 passed by (Voice Vote)

    4/22/2026Senate
  5. Senate concurred in Governor's recommendation Nos. 1 and 3 (24-Y 15-N 0-A)

    4/22/2026Senate
  6. Reenrolled bill text (SB230ER2)

    4/22/2026Senate
  7. Reenrolled

    4/22/2026Senate
  8. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/22/2026Governor
  9. Communicated to Governor

    4/22/2026Senate
  10. Signed by President

    4/22/2026Senate
  11. Signed by Speaker

    4/22/2026House
  12. Governor's recommendation adopted

    4/22/2026Governor
  13. Governor's recommendation received by Senate

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

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

    3/14/2026Senate
  16. Fiscal Impact Statement from Department of Planning and Budget (SB230)

    3/13/2026Senate
  17. Bill text as passed Senate and House (SB230ER)

    3/12/2026Senate
  18. Enrolled

    3/12/2026Senate
  19. Signed by President

    3/12/2026Senate
  20. Signed by Speaker

    3/12/2026House
  21. House substitute agreed to by Senate (26-Y 14-N 0-A)

    3/6/2026Senate
  22. Fiscal Impact Review From JLARC (3/4/2026 8:17 pm)

    3/4/2026Senate
  23. Passed House with substitute (84-Y 15-N 0-A)

    3/4/2026House
  24. Engrossed by House - committee substitute

    3/4/2026House
  25. committee substitute agreed to

    3/4/2026House

Bill Text

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