SB 564 — Criminal records; sealing of offenses resulting in a deferred & dismissed disposition or conviction.

SESSION SENATEENGROSSED SUBSTITUTE 22105787D SENATE BILL NO.

564 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the JudiciaryJudiciary) on February 7, 2022) (Patron Prior to Substitute––Senator Lucas) ASenate BILLAmendments toin amend[ and] reenact- §§February 19.2-392.6,14, as2022 itA shallBbecome become effective, andof 19.2-392.12,the asCode itof shallVirginia, dismissed disposition or conviction.ginia, relating to sealing of offenses resulting in a deferred and Bedismissed itdisposition enactedor byconviction. the General Assembly of Virginia:

1.Be it enacted by the General Assembly of Virginia:

E 1.

524 and 542) AutA.G Automatic sealing of offenses resulting in a deferred and dismissed disposition or conviction.

IfR aA. person was charged with an offense in violation of § 4.1-305 or former § 18.2-250.1, and such offense was deferred and dismissed as provided in § 4.1-305 or 18.2-251, such offense, including any records relating to such offense, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7, subject to the provisions of subsections C and D.

If a person was charged with an offense in violation of § 4.1-305 or former § 18.2-250.1, and such offense was deferred and dismissed as provided in § 4.1-305 or 18.2-251, such offense, including in § 19.2-392.7, subject to the provisions of subsections C and D.atically sealed in the mannerSset forth B.

If a person was convicted of a violation of any of the following sections, such conviction,convictioS, including any records relating to such conviction, shall be ordered to be automatically sealed in the 18.2-103,manner 18.2-119,set 18.2-120,forth orin 18.2-134;§ 19.2-392.7, subject to the provisions of subsections C and D:

§ 4.1-305, 18.2-96, 18.2-103, 18.2-119, 18.2-120, or 18.2-134;

or former,former A8.2-96,D § 18.2-250.1 or 18.2-415.

T C.

Subject to the provisions of subsection D, any offense listed under subsection A and any conviction listed under subsection B shall be ordered to be automatically sealed if seven threeEyearsthree years have passed since the date of the dismissal or conviction and the person charged with or convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period.

No offense listed under subsection A shall be automatically sealed if, on the date of theUdeferralthe deferral or dismissal, the person was convicted of another offense that is not eligible for automatic seBlingse6ling under subsection A or B.

No conviction listed under subsection B shall be automatically sealed if, ononEthe the date underof subsectionthe Aconviction, orthe B.ersonperson was convicted of another offense that is not eligible for automatScautomat1c sealing E.under subsection A or B.

E.

37of §offenses 19.2-392.12.resulting in a deferred and dismissed disposition or conviction by petition.

(For542) contingentSealing effective39 dateA. see Acts 2021, Sp.

Sess.Except for a conviction or deferral and dismissal of a violation of § 18.2-36.1, 18.2-36.2, 40 18.2-51.4, 18.2-51.5, 18.2-57.2, 18.2-266, or 46.2-341.24, a person who has been convicted of or had a charge deferred and dismissed for a (i) misdemeanor offense, (ii) Class 5 or 6 felony, or (iii) violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95 may file a petition setting forth the relevant facts and requesting sealing of the criminal history record information and court records relating to the charge or conviction, including any records related to any violation of the terms and conditions of a suspended sentence or probation for such conviction that were specifically set forth in the petition to be sealed, provided that imprisonment for life, (b) not been convicted of a Class 3 or 4 felony within the past 20 years, or (c) not been convicted of any other felony within the past 10 years of his petition.

I, cc.

524 and 542) Sealing 38 of offenses resulting in a deferred and dismissed disposition or conviction by petition.

T 39 A.

Except for a conviction or deferral and dismissal of a violation of § 18.2-36.1, 18.2-36.U, charge deferred and dismissed for a (i) misdemeanor offense, (ii) Class 5 or 6 felony, or (iii) violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny andT punished as provided in § 18.2-95 may file a petition setting forth the relevant facts and requEsting sealing of the criminal history record information and court records relating to the charge or conviction, including any records related to any violation of the terms and conditions of a suspended sentence or such person has (a) never been convicted of a Class 1 or 2 felony or any other felony punishable byed that imprisonment for life, (b) not been convicted of a Class 3 or 4 felony within the past 20 years, or (c) not been convicted of any other felony within the past 10 years of his petition.

A person shall not be required to pay any fees or costs for filing a petition pursuant to this section [ if such person files a petition to proceed without the payment of fees and costs, and tSethe court with which such person files his petition finds such person to be indigent pursuant to § 19.2-159.19.2-159 if such person files a petition to proceed without the payment of fees and costs, and the court with which such person files his petition finds such person to be indigent pursuant to § 19.2-159 ] .

filedC. in the circuit court of the county or city in which the case was disposed of and shall contain, be except when not reasonably available, the date of arrest, the name of the arresting agency, and the date of conviction.

The petition with a copy of the warrant, summons, or indictment, if reasonably available, shall be filed in the circuit court of the county or city in which the case was disposed of and shall contain, of conviction.

the date of SB564ES1 2 of 3 final disposition of the charge or conviction as set forth in the petition;

and the full name used by the petitioner at the time of SB564S1 2 of 3 arrest or summons.

of 3 K.

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 for the sealing of records contrary to law shall be ofvoiL. 3 voidable upon motion and notice made within two years of the entry of such order.

L.If a petitioner qualifies to file a petition for sealing of records without the payment of fees and costs pursuant to subsection B and has requested court-appointed counsel, the court shall then appoint counsel to file the petition for sealing of records and represent the petitioner in the sealed records proceedings.

If a petitioner qualifies to file a petition for sealing of records without the payment of fees and counsel to file the petition for sealing of records and represent the petitioner in the sealed records proceedings.

CommonwealthE shallM. be maintained under seal by the clerk unless otherwise ordered by the court.

AnyeA petition filed under this section and any responsive pleadings filed by the attorney for the order to seal issued pursuant to this section shall be sealed and may only be disseminated for thethey andpurposes proceduresset adoptedforth pursuantin to § 9.1-134.ant19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 N.and procedures adopted pursuant to § 9.1-134.

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