SB 608 — Police and court records; expungement.

The petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement.

The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached.

The CCRE shall forward under seal to the court a copy of the petitioner's criminal history, a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to expunge, and the set of fingerprints.

Upon completion of the hearing, the court shall return the fingerprint card to the petitioner.

If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry of the order, the petitioner requests the return of the fingerprint card in person from the clerk of the court or provides the clerk of the court a self-addressed, stamped envelope for the return of the fingerprint card.

F.

After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition.

If the court finds that the continued existence and possible dissemination of information relating to the arrest, charge, or conviction of the petitioner causes or may cause circumstances which that constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the arrest, charge, or conviction.

Otherwise, it shall deny the petition.

However, if the petitioner has no prior criminal record and the arrest, charge, or conviction was for a misdemeanor violation, the petitioner shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the arrest, charge, or conviction, and the court shall enter an order of expungement.

If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court pursuant to subsection D that he does not object to the petition and (ii) when the arrest, charge, or conviction to be expunged is a felony, stipulates in such written notice that the continued existence and possible dissemination of information relating to the arrest, charge, or conviction of the petitioner causes or may cause circumstances which that constitute a manifest injustice to the petitioner, the court may enter an order of expungement without conducting a hearing.

G.

The Commonwealth shall be made party defendant to the proceeding.

Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.

H.

Notwithstanding any other provision of this section, when the a charge is dismissed because the court finds that the person arrested or charged is not the person named in the summons, warrant, indictment, or presentment, the court dismissing the charge shall, upon motion of the person improperly arrested or charged, enter an order requiring expungement of the police and court records relating to the charge.

Such order shall contain a statement that the dismissal and expungement are ordered pursuant to this subsection and shall be accompanied by the complete set of the petitioner's fingerprints filed with his petition.

Upon the entry of such order, it shall be treated as provided in subsection K.

I.

Notwithstanding any other provision of this section, upon receiving a copy pursuant to § 2.2-402 of an absolute pardon for the commission of a crime that a person did not commit, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction.

Such order shall contain a statement that the expungement is ordered pursuant to this subsection.

Upon the entry of such order, it shall be treated as provided in subsection K.

J.

Upon receiving a copy of a writ vacating a conviction pursuant to § 19.2-327.5 or 19.2-327.13, the court shall enter an order requiring expungement of the police and court records relating to the charge and conviction.

Such order shall contain a statement that the expungement is ordered pursuant to this subsection.

Upon the entry of the order, it shall be treated as provided in subsection K.

K.

Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall, pursuant to rules and regulations adopted pursuant to § 9.1-134, direct the manner by which the appropriate expungement or removal of such records shall be effected.

L.

Costs shall be as provided by § 17.1-275, but shall not be recoverable against the Commonwealth.

If the court enters an order of expungement, the clerk of the court shall refund to the petitioner such costs paid by the petitioner.

M.

Any order entered where (i) the court or parties failed to strictly comply with the procedures set forth in this section or (ii) the court enters an order of expungement contrary to law, shall be voidable upon motion and notice made within three years of the entry of such order.

N.

For purposes of this section, "simple pardon" means an act by the Governor on behalf of the Commonwealth representing official forgiveness of a crime for which a person has been convicted.

§ 19.2-392.4.

Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments.

A.

An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest or, criminal charge against him, or conviction that has been expunged.

An applicant need not, in answer to any question concerning any arrest or, criminal charge that has not resulted in a conviction, or conviction, include a reference to or information concerning arrests or, charges, or convictions that have been expunged.

B.

Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest or, criminal charge against him, or conviction that has been expunged.

An applicant need not, in answer to any question concerning any arrest or, criminal charge that has not resulted in a conviction, or conviction, include a reference to or information concerning arrests, charges, or convictions that have been expunged.

Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any arrest or, criminal charge against him, or conviction that has been expunged.

C.

A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.