VirginiaSB7482026 Regular SessionSenate

Human trafficking; issuance of vacatur for victims, definitions.

Sponsored By: Mamie E. Locke (Democratic)

Signed by Governor

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

4 provisions identified: 4 benefits, 0 costs, 0 mixed.

Restitution relief and compensation for victims

Before deciding on relief, the court must check whether restitution remains unpaid under the sentence. When relief is granted, the trafficking survivor no longer owes that restitution. The victim of the qualifying offense becomes eligible to apply for crime-victim compensation. That victim's claim for restitution reimbursement starts on the date the court grants relief.

Trafficking survivors can challenge criminal records

Trafficking survivors can ask a Virginia circuit court to set aside qualifying arrests, charges, convictions, and juvenile rulings. Qualifying felonies include attempts and conspiracies, but exclude violent felonies listed by law. Related probation, parole, suspended-sentence, contempt, failure-to-appear, and specified bail matters also qualify. Survivors must show that labor or sex trafficking directly caused the arrest, charge, or offense, more likely than not. Their petition must state that they have left trafficking or sought rehabilitation. Official documents showing victim status at the time create a presumption that can be challenged. Documents addressing how trafficking caused the offense provide initial proof of that link. Courts can consider evidence suppressed at trial and cannot require cooperation with law enforcement. Relief does not depend on another person being charged or convicted. Survivors use a court-prescribed form with offense dates, birth date, the name used, and facts linking trafficking to the offense. Multiple offenses in one county or city can share a petition; different jurisdictions require separate petitions. The local prosecutor can object, and circuit court rulings can be appealed.

Trafficking survivors get court cost refunds

Survivors found unable to pay owe no filing fees or costs for their petition. When the court grants relief, the clerk must refund costs the survivor already paid. The clerk must also refund fines and penalties paid for the vacated offense or related matter. If court records of fines or penalties are unavailable, survivors must show how much they paid.

Trafficking survivors get protected record clearing

After a court grants relief, it must order the qualifying offense and related matters cleared once appeals are resolved. This follows no appeal to Virginia's Supreme Court, rejection of the Commonwealth's appeal request, or a decision upholding relief. The court sends the order to Virginia State Police, which must clear those records. Petitions are sealed as needed for survivors' safety; the court keeps the case record, with disclosure requiring a court order. The relief order proves the survivor no longer faces adverse consequences from the vacated matter.

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

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote • 2/16/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote • 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • 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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