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The Virginia State Senate and House of Delegates Committees approved proposed legislation that would create new expungement opportunities for residents.

Senate Bill 5043

Virginia’s Senate Bill 5043 (SB5043) would update the state’s policies on criminal expungements. Existing law stipulates that police and court records may only be expunged if:

• The subject was acquitted.
• A case is dismissed or abandoned.

In either scenario, the individual is required to file a request for expungement.

SB5043 states that a resident may petition to have certain charges and convictions sealed if they receive a pardon. Examples of records that could be eligible include:

• Convictions of marijuana possession.
• Using a fake ID to obtain alcohol.
• Deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession.

The bill notes that the final disposition may include the expungement of convictions based on:

• Original charge.
• Alternative charges.

Convictions for violent felonies and certain drug-related offenses would not be eligible.

Read the bill.

Support For SB5043

SB5043 has been called a “slight partisan bill.” It was sponsored by Senator Creigh Deeds and unanimously approved by the Senate Finance and Appropriations Committee.

Deeds talked about why he feels it is important to create allowances for sealing certain marijuana-related convictions. He said: “Simple marijuana possession is no longer a crime in Virginia, so you ought to be able to expunge those convictions.”

House Bill HB5146

The related House Bill HB5146 seeks to create an easier method for residents to file expungement requests. Currently the process requires:

• Filing a petition.
• Being fingerprinted.
• Paying a filing fee.
• Possibly attending a court hearing.

According to a news source, the Virginia State Police received 4,000 expungement orders for non-convictions that occurred over a three year period. If HB5146 passes, charges that were acquitted or dismissed could be sealed at the court level. Every month, state police would send a list of qualifying offenses to the court. A judge would review each one. Those that are approved would then be expunged.

Read HB5146.

Second Chance Laws

SB5043 and HB5146 are examples of Second Chance Laws. These bills seek to create new expungement opportunities for certain types of criminal records. People who have records sealed may have an easier time finding employment, housing and other necessities.

Charniele Herring, who sponsored HB5146, said: “There is a stigma attached when someone has a mark on their record from difficulty in finding employment. Criminal records also can impact an individual’s ability to attend college, receive financial aid or find housing.”

What Virginia Employers Should Know

If these bills pass, then employers in Virginia should be aware that residents may expunge eligible convictions. Once records are expunged, they are no long publicly available. Employers would be prohibited from considering and using them during the hiring process or for other business purposes.

Every organization is responsible for running comprehensive background checks when bringing on employees, volunteers or contractors. These reports provide data that helps organizations make informed decisions, create safe workplaces and demonstrate due diligence.

If you’re hiring, please contact us. Our experienced team can help you customize background screening packages for any position in your industry. We are available to assist you Monday through Friday from 5am to 6pm PT.