2023 Regular SessionVirginia Legislature

SB1303: Defendant with a disorder or disability; sealing of criminal history record information, etc.

Legislative Summary

Expungement and sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition; defendant with a disorder or disability. Provides that a defendant with a disorder or disability, as defined in the bill, may file a petition that requests the sealing of the criminal history record information and court records of a Class 4 felony conviction or deferred and dismissed disposition. Under current law, Class 4 felony convictions or deferred and dismissed dispositions are ineligible to be sealed. The bill also provides that when a conviction or deferral and dismissal has been sealed, the defendant of such sealed record is a defendant with a disorder or disability, and the Governor granted the defendant a simple pardon for the commission of the crime or offense that was sealed, such conviction or deferral and dismissal shall be considered to be otherwise dismissed for purposes of expungement.

Demographic Impact

Overall analysis of equity impact

80% Positive
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Bill History

1/10/2023
Prefiled and ordered printed; offered 01/11/23 23104302D
Senate
1/10/2023
Referred to Committee on the Judiciary
Senate
2/1/2023
Reported from Judiciary (10-Y 4-N)
Senate
2/3/2023
Constitutional reading dispensed (38-Y 0-N)
Senate
2/6/2023
Read second time and engrossed
Senate
2/7/2023
Read third time and passed Senate (22-Y 18-N)
Senate
2/10/2023
Placed on Calendar
House of Delegates
2/10/2023
Read first time
House of Delegates
2/10/2023
Referred to Committee for Courts of Justice
House of Delegates
2/16/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
2/17/2023
Subcommittee recommends laying on the table (5-Y 3-N)
House of Delegates
2/22/2023
Left in Courts of Justice
House of Delegates

Roll Call Votes

House: Subcommittee recommends laying on the table (5-Y 3-N)
2/17/2023
5
Yea
3
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Read third time and passed Senate (22-Y 18-N)
2/7/2023
22
Yea
18
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (38-Y 0-N)
2/3/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: Reported from Judiciary (10-Y 4-N)
2/1/2023
10
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Engrossed(2/6/2023)
Chamber
House of Delegates
Committee
Courts of Justice(House of Delegates)
Sine DiePrior Session

Sponsors

Democrat: 2

Documents

Prefiled
Bill Text1/10/202314.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/30/202361.0 KB