HB 2723: Criminal records; expungement and sealing of records, repeals Sealing Fee Fund. - Virginia

Conference Substitute → Chaptered · 9 edits

MAJOR

This bill finalizes major changes to Virginia's criminal record expungement and sealing laws, expanding automatic sealing eligibility for certain offenses and creating new petition processes for sealing deferred and dismissed charges. The changes affect how law enforcement agencies, courts, and background check services handle criminal records, with specific provisions for marijuana possession offenses, traffic infractions, and sealed records.

Scope change

Expanded to include new automatic sealing provisions for specific misdemeanor and felony offenses, new petition processes for sealing deferred/dismissed charges, and requirements for business screening services to delete sealed records from their databases.

ELIGIBILITY

Created automatic sealing for former marijuana possession offenses (§ 18.2-250.1) without requiring a court order, effective July 1, 2026.

Established new petition process (§ 19.2-392.12:1) for sealing deferred and dismissed charges related to marijuana and specific misdemeanors, with no lifetime limit on petitions.

REQUIREMENT

Added requirement for business screening services to register with Department of State Police, receive notifications of sealing orders, and promptly delete sealed records from their databases.

Requires Department of State Police to develop a secure portal by October 1, 2026 allowing government agencies to verify whether records have been sealed before responding to public requests.

TIMELINE

Set effective date of January 1, 2026 for most sealing provisions, with July 1, 2026 for new petition processes and automatic sealing of marijuana offenses.

Extended deadline for automating information exchange systems from January 1, 2025 to January 1, 2026.

FISCAL

Repealed § 17.1-205.1 (Sealing Fee Fund) and directed any funds to revert to the general fund.

DEFINITION

Added definitions for 'sealed possession of marijuana record' and expanded 'sealed record' to include records sealed without court order.

ENFORCEMENT

Created civil penalties up to $2,500 per violation for business screening services that fail to delete sealed records, plus attorney fees and costs.

Finance and Appropriations Substitute → Conference Substitute · 3 edits

MINOR

The bill was amended from a Senate substitute version to a House conference substitute version, primarily changing formatting and organizational structure while maintaining the same substantive policy provisions. The House version consolidates the bill text into a more compact format with fewer line breaks and removes redundant spacing that was present in the Senate version. No substantive policy changes, eligibility criteria, funding amounts, or effective dates were altered between these two versions.

TECHNICAL

Formatting and layout changes including removal of excessive blank lines and reorganization of text blocks to create a more compact document structure.

Header information updated from 'Senate Substitute' to 'House Substitute' with updated bill number and conference committee attribution.

Minor text reformatting throughout the document including line breaks and spacing adjustments without changing any legal provisions or requirements.

Courts of Justice Substitute → Finance and Appropriations Substitute · 4 edits

MODERATE

The bill was amended from a Courts of Justice Substitute to a Finance and Appropriations Substitute, primarily changing the committee responsible for review and the patron attribution. The substantive policy content regarding criminal record expungement and sealing remains unchanged, though formatting differences exist in the document layout and some section numbering conventions.

Scope change

The bill's substantive scope regarding criminal records remains the same, but the legislative committee oversight changed from Courts of Justice to Finance and Appropriations, indicating a shift in which legislative body will review the financial and administrative implications of the sealing fee fund and related provisions.

TIMELINE

The document header changed from 'Courts of Justice Substitute' dated February 10, 2025 to 'Finance and Appropriations Substitute' dated February 14, 2025, reflecting committee transfer.

TECHNICAL

Formatting changes include different spacing, line breaks, and document numbering conventions between the two versions.

Some section references and formatting inconsistencies exist between versions, particularly in the listing of amended statutes and document identifiers.

FISCAL

The repeal of § 17.1-205.1 (Sealing Fee Fund) and reversion of funds to the general fund remains in both versions, but the Finance and Appropriations committee now oversees this provision.

Courts of Justice Subcommittee Substitute → Courts of Justice Substitute · 5 edits

MODERATE

The bill primarily updates formatting and administrative details of a criminal records expungement and sealing law, including adding a specific date for when new sections take effect and clarifying the bill's title and reference numbers. No substantive policy changes to eligibility, procedures, or penalties were identified in the provided text.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily administrative and formatting-related.

TIMELINE

Added specific effective date of July 1, 2026 for new sections 19.2-392.6:1 and 19.2-392.12:1 regarding sealing of marijuana offenses and certain deferred dispositions.

TECHNICAL

Added requirement for Department of State Police to develop a secure portal by October 1, 2026 to help government agencies determine if records have been sealed before responding to public requests.

Added mandate for Virginia Indigent Defense Commission to provide education, training, and resources to public defenders and court-appointed counsel on expungement and sealing procedures.

Updated bill header information to include specific bill number (25106370D) and date (January 29, 2025) for the House Substitute amendment.

Removed placeholder text and formatting inconsistencies from the original draft, including blank lines and incomplete section references.

Criminal Substitute Offered → Courts of Justice Subcommittee Substitute · 1 edit

MINOR

The bill text was reformatted from a 'Criminal Substitute Offered' version to a 'Courts of Justice Subcommittee Substitute' version, with minor formatting adjustments and line breaks. The substantive policy content regarding criminal record expungement and sealing procedures remains unchanged.

TECHNICAL

The document was reformatted with different line breaks, spacing, and header formatting between the two versions, but the actual legislative text and policy provisions remain the same.

Reenrolled → Criminal Substitute Offered · 5 edits

MODERATE

This document shows a transition from a final 'Reenrolled' version of HB 2723 to a 'Criminal Substitute Offered' version. The primary substantive change is the addition of a new section 19.2-392.6:1 that automatically seals former marijuana possession offenses without requiring a court order, and a new section 19.2-392.12:1 that allows petition-based sealing for offenses that were previously automatically sealed. The substitute also adds a new section 19.2-392.12:1 to allow sealing of ancillary matters for offenses that were automatically sealed. The reenrolled version included a repeal of § 17.1-205.1 (Sealing Fee Fund) which is not present in the substitute. The substitute version appears to be an earlier draft with formatting differences and different effective dates.

Scope change

The bill's scope expanded in the substitute version to include automatic sealing of marijuana possession offenses without court orders and petition-based sealing for ancillary matters related to automatically sealed offenses. The reenrolled version included a repeal of the Sealing Fee Fund statute.

ELIGIBILITY

Added new section 19.2-392.6:1 to automatically seal former marijuana possession offenses (former § 18.2-250.1) without requiring a court order.

Added new section 19.2-392.12:1 to allow petition-based sealing of ancillary matters for offenses that were automatically sealed under § 19.2-392.6:1, 19.2-392.7, or 19.2-392.11.

FISCAL

The reenrolled version included repeal of § 17.1-205.1 (Sealing Fee Fund), which is not present in the substitute version.

TIMELINE

The substitute version shows different effective dates (July 1, 2026 for most provisions) compared to the reenrolled version which had July 1, 2025 dates in some sections.

MODIFIED

The substitute version includes formatting differences, line numbers, and draft markings indicating it is an earlier version offered for consideration rather than the final reenrolled bill.

Enrolled → Reenrolled · 7 edits · Apr 2, 2025

MODERATE

This bill updates Virginia's criminal record expungement and sealing laws to modernize procedures, expand eligibility, and establish new timelines for automatic sealing. The changes streamline how criminal records are handled, making it easier for individuals to have certain records sealed and improving how law enforcement and courts manage sealed information.

Scope change

The bill expands the scope of automatic sealing provisions and adds new petition processes for sealing records, while repealing an outdated fee provision.

TIMELINE

Added new sections for automatic sealing of marijuana possession offenses and ancillary matters without requiring a court order, effective July 1, 2026.

Changed effective dates for various sealing provisions from January 1, 2025 to January 1, 2026, and for new sections to July 1, 2026.

Modified deadlines for implementing automated systems for exchanging sealing information from October 1, 2025 to January 1, 2026.

FISCAL

Repealed § 17.1-205.1, which created the Sealing Fee Fund, and directed any funds in that account to revert to the general fund.

REQUIREMENT

Added requirements for the Virginia Indigent Defense Commission to educate public defenders and provide resources on expungement and sealing processes.

Updated business screening service registration requirements and notification procedures for sealing orders.

TECHNICAL

Added new sections for petition-based sealing of offenses that were automatically sealed, allowing individuals to seal ancillary matters related to those offenses.

Introduced → Enrolled · 10 edits · Apr 2, 2025

MAJOR

This bill updates Virginia's criminal record expungement and sealing laws to expand automatic sealing eligibility, create new petition processes for specific offenses, and establish a secure portal for agencies to verify sealed records. It also repeals an outdated sealing fee fund provision and adds educational resources for indigent defense attorneys.

Scope change

The bill expands automatic sealing eligibility to include additional misdemeanor and felony offenses, creates new petition pathways for sealing ancillary matters related to automatically sealed offenses, and clarifies when sealed records may be disclosed to employers and government agencies.

ELIGIBILITY

Added automatic sealing for former marijuana possession offenses (§ 18.2-250.1) without requiring a court order, effective July 1, 2026.

Created new petition process (§ 19.2-392.12:1) allowing individuals to seal ancillary matters related to offenses that were automatically sealed under existing provisions.

Expanded automatic sealing eligibility under § 19.2-392.11 to include persons with no convictions or deferred/dismissed offenses on their criminal history record.

REQUIREMENT

Requires Department of State Police to develop a secure portal by October 1, 2026, allowing government agencies to verify whether records have been sealed before responding to public requests.

Requires Virginia Indigent Defense Commission to create educational curriculum and resources on expungement and sealing for attorneys and the public.

TIMELINE

Established July 1, 2026 as the effective date for the two new sealing sections (§§ 19.2-392.6:1 and 19.2-392.12:1) added by this act.

FISCAL

Repealed § 17.1-205.1 and any money in the Sealing Fee Fund shall revert to the general fund.

DEFINITION

Added new definitions for 'Sealed possession of marijuana record' and 'Sealed record' to clarify which records business screening services must delete.

ENFORCEMENT

Added provisions requiring business screening services to register with Department of State Police and delete sealed records promptly, with liability for violations.

MODIFIED

Minor formatting and markup changes throughout the document, including line breaks and spacing adjustments.

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

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