VirginiaSB2302026 Regular SessionSenate

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

Sponsored By: Scott A. Surovell (Democratic)

Passed

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

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: 323 • No: 88

Senate vote 4/22/2026

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

Yes: 0 • No: 0

Senate vote 4/22/2026

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

Yes: 24 • No: 15

House vote 4/22/2026

Governor's amendments nos. 1 and 3 agreed to

Yes: 72 • No: 25

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

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

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

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

    4/22/2026Senate
  5. Reenrolled

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

    4/22/2026Governor
  7. Communicated to Governor

    4/22/2026Senate
  8. Signed by President

    4/22/2026Senate
  9. Signed by Speaker

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

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

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

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

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

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

    3/12/2026Senate
  16. Enrolled

    3/12/2026Senate
  17. Signed by President

    3/12/2026Senate
  18. Signed by Speaker

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

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

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

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

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

    3/4/2026House
  24. Read third time

    3/4/2026House
  25. Read second time

    3/3/2026House

Bill Text

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