VirginiaSB7482026 Regular SessionSenate

Human trafficking; issuance of vacatur for victims, definitions.

Sponsored By: Mamie E. Locke (Democratic)

Became Law

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 HB 1298.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 3 benefits, 0 costs, 2 mixed.

How the court decides your case

You must prove the required elements by a preponderance of the evidence. Official documentation from agencies, task forces, licensed psychologists, or licensed social workers counts as proof. It creates a rebuttable presumption you were a trafficking victim and can establish basic proof of proximate cause. The court can also vacate named related matters. Your relief does not depend on whether anyone else was charged or convicted.

Money relief after your record clears

If the court grants vacatur, you are forever discharged from restitution ordered for that offense. You get refunds of fines and penalties you paid for the vacated offense and related matters; the clerk refunds from court records, or you can show proof of payment. If you cannot afford filing fees, the court waives them; any costs you paid are refunded after vacatur. Crime victims still may seek compensation or restitution reimbursement, starting from the date the writ is granted.

Expungement and proof after vacatur

After appeals end or are refused, the court orders expungement of the vacated offense and related matters. The clerk sends the writ, expungement order, and your fingerprints to the State Police, who expunge the records from state files. The court gives you a copy of the writ as proof that the disabilities and disqualifications from the record no longer apply. The court keeps the vacatur writ and case record under seal and releases them only by court order if the interests of justice are served.

Trafficking victims: who qualifies, what clears

The law defines labor trafficking (work through force, fraud, or coercion) and sex trafficking (force, fraud, coercion, or any minor in commercial sex). You can be a trafficking victim even if no trafficker was charged. It lists which crimes qualify for clearing and also covers related court matters like probation or parole violations, contempt, failure to appear, and some bail appeals. If your case is on the list, you can ask the court to clear that record.

How to file and what to expect

File in the circuit court where the arrest, charge, conviction, or adjudication happened. If several qualifying cases are in the same city or county, put them in one petition; file separate petitions for different localities. Use the Supreme Court’s form, sign under oath, include a short sealed statement, and attach one full set of fingerprints from law enforcement. Give the Commonwealth’s attorney a copy; they have 30 days to respond (the court may allow one extra 30 days). The court can grant relief without a hearing if the Commonwealth files a written no‑objection and agrees to key facts; otherwise, the court holds a hearing and the Commonwealth may present evidence, even evidence once suppressed. Knowingly false statements can lead to perjury charges. Civil court rules apply, and either side may appeal to the Supreme Court of Virginia.

Sponsors & Cosponsors

Sponsor

  • Mamie E. Locke

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 345 • No: 0

House vote 3/4/2026

Passed House Block Vote

Yes: 97 • No: 0

House vote 3/4/2026

Passed House Block Vote

Yes: 99 • No: 0

House vote 3/2/2026

Reported from Courts of Justice

Yes: 22 • No: 0

Senate vote 2/16/2026

Courts of Justice Amendment agreed to

Yes: 0 • No: 0

Senate vote 2/16/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote 2/16/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • No: 0

Senate vote 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/11/2026

Reported from Courts of Justice with amendments

Yes: 13 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0771)

    4/13/2026Governor
  2. Approved by Governor-Chapter 771 (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

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB748)

    3/10/2026Senate
  6. Bill text as passed Senate and House (SB748ER)

    3/10/2026Senate
  7. Enrolled

    3/10/2026Senate
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed House Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  11. Reconsideration of passage agreed to by House

    3/4/2026House
  12. Passed House Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  13. Read third time

    3/4/2026House
  14. Read second time

    3/3/2026House
  15. Reported from Courts of Justice (22-Y 0-N)

    3/2/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB748)

    2/23/2026Senate
  17. Read first time

    2/20/2026House
  18. Referred to Committee for Courts of Justice

    2/20/2026House
  19. Placed on Calendar

    2/20/2026House
  20. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    2/16/2026Senate
  21. Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)

    2/16/2026Senate
  22. Courts of Justice Amendment agreed to

    2/16/2026Senate
  23. Blank Action

    2/16/2026Senate
  24. Rules suspended

    2/16/2026Senate
  25. Engrossed by Senate as amended Block Vote (Voice Vote)

    2/16/2026Senate

Bill Text

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