SB 443 — Sealing of offenses; results in a deferred and dismissed disposition or conviction by petition.

SESSION INTRODUCEDENGROSSED 22103094D I SENATE BILL NO.

443 OfferedSenate JanuaryAmendments 12,in 2022[ N] - February 11, 2022 Prefiled January 11, 2022 T A BrelatingBILL to amend and reenact § 19.2-392.12, as it shall become effective, of the Code of Virginia, relating to sealing of offenses resulting in a deferred and dismissed disposition or convictRonconviction by petition;

defendant with a disorder oror––––––––––y. disability.

––––––––––Patrons OPrior Patrons––Boysko,to McClellanEngrossment––Senators Boysko and MorrisseyMcClellan D –––––––––– E Referred to Committee on the Judiciary UN –––––––––– C Be it enacted by the General Assembly of Virginia:

reenactedG as1. follows:, as it shall become effective, of the Code of Virginia is amended and E § 19.2-392.12.

That § 19.2-392.12, as it shall become effective, of the Code of Virginia is amended and R reenacted as follows:

§ 19.2-392.12.

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

A.Except for a conviction or deferral and dismissal of a violation of § 18.2-36.1, 18.2-36.2, 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 oS 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 andE punished as provided in § 18.2-95, or (iv) Class 4 felony for a defendant with a disorder or diDability 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, provided that such person has (a) never been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (b) not been convicted of a Class 3 or 4 felony within the past 20 years [ or within the past 10 years in the case of a defendant with a disorder or disability ] , or (c) not been convicted of any other felony witB.

ExceptA for a conviction or deferral and dismissal of a violation of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, 18.2-57.2, 18.2-266, or 46.2-341.24, a person whoshall hasnot beenbe convictedrequired ofto orpay 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 otherfees felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95, or (iv)costs Class 4 felony for afiling defendant with a disorderpetition orpursuant disability information and court records relating to thethis chargesection orif conviction, provided that such person hasfiles (a)ecord never been convicted of a Classpetition 1to orproceed 2without felonythe orpayment any other felony punishable by imprisonment for life, (b) not been convicted of afees Classand 3costs, orand 4tSe felonycourt withinwith thewhich pastsuch 20person years,files orhis (c)petition notfinds beensuch convictedperson ofto anybe otherindigent felonypursuant withinto the§ past19.2-159. 10 years of his petition.

3 B.

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 the court with which such person files his petition finds such person to be indigent pursuant to § 19.2-159.

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 coEtain, except when not reasonably available, the date of arrest, the name of the arresting agency, and the date of conviction.

the date of 35 final disposition of the charge or conviction as set forth in the petition;

the petitioner's date of birth, sex, :arrest or summons.

35A race,petitioner andmay socialonly securityhave number,two ifpetitions available;granted pursuant to this section within his 38 lifetime.

and39 theD. full name used by the petitioner at the time of 36 arrest or summons.

A petitioner may only have two petitions granted pursuant to this section within his 37 lifetime.

38 D.

The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed.

The attorney for the Commonwealth may file anwealthan of objection or answer to the petition or may give written notice to the court that he does not object to the petition within 21 days after it is delivered to him or received in the mail.

Upon receipt of the petition, the circuit court shall order that the attorney for the Commonwealth or a law-enforcement officer, as defined in § 9.1-101, provide the court with a sealed copy of the criminal history record to be destroyed unless, within 30 days of the petitioner.date of the entry of the final order in the matter, the petitioner or the attorney for the Commonwealth notes an appeal to the Supreme Court of Virginia.

Upon completion of the hearing, the court shall cause the criminal history record to be destroyed unless, within 30 days of the date of the entry of the final order in the matter, the petitioner or the attorney for the Commonwealth notes an appeal to the Supreme Court of F.

During a period after the date of (i) dismissal of a deferred charge, (ii) conviction, or (iii) release from incarceration of the charge or conviction set forth in the petition, whichever date occurred later, the person has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of for:mbia,Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, SB443SB443E 2 of 2 a.for:

a.