SB 1466: Criminal records; expungement and sealing of records, repeals Sealing Fee Fund. - Virginia

Senator Surovell, Scott A. Substitute → Conference Substitute · 5 edits

MODERATE

This bill was converted from a Senate Substitute to a Conference Substitute, meaning it has been finalized by both the House and Senate. The most significant change is the shift in the effective date for most provisions from July 1, 2026, to January 1, 2026, accelerating the implementation of criminal record sealing processes. Additionally, the bill clarifies that the Department of State Police must validate the accuracy of records being sealed but explicitly cannot determine if those records are eligible for sealing, a safeguard to prevent bias. Several sections regarding data collection and reporting timelines were renumbered and adjusted to align with the new effective dates.

Scope change

The bill's scope regarding the effective date of new sealing provisions was expanded to begin earlier (January 1, 2026, instead of July 1, 2026), and the role of the Department of State Police in the sealing process was clarified to limit their authority to validating record accuracy only.

TIMELINE

The effective date for most sealing and disclosure provisions was moved forward from July 1, 2026, to January 1, 2026, requiring agencies to prepare sooner.

Reorganized and renumbered multiple reporting and data collection deadlines to align with the new January 1, 2026, effective date and the phased implementation of automated systems.

REQUIREMENT

Added a specific requirement that the Department of State Police must validate the accuracy of records ordered to be expunged or sealed but is prohibited from validating whether the record is eligible for such relief.

Updated the list of sealed records that cannot be released to include a new section (19.2-392.17) covering automatically sealed traffic infractions.

TECHNICAL

Corrected minor grammatical errors and formatting inconsistencies in the text of the bill.

Conference Substitute → Chaptered · 8 edits

MODERATE

This bill updates Virginia's criminal record expungement and sealing laws to modernize procedures, expand eligibility for certain offenses, and establish new timelines for automatic sealing. It adds new sections for automatic sealing of specific marijuana and minor offenses without court orders, clarifies when records can be disclosed, and repeals an outdated sealing fee fund.

Scope change

The bill expands the scope of automatic sealing to include specific marijuana possession offenses and deferred dispositions, and clarifies disclosure rules for sealed records across various agencies.

ELIGIBILITY

Added new section 19.2-392.6:1 allowing automatic sealing without a court order for former marijuana possession offenses (§ 18.2-250.1).

Added new section 19.2-392.12:1 allowing petitions to seal ancillary matters related to offenses that were already automatically sealed.

TIMELINE

Changed effective dates for various sealing provisions from July 1, 2025 to January 1, 2026, with some provisions effective July 1, 2026.

FISCAL

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

REQUIREMENT

Updated disclosure rules to clarify when sealed records may be shared for specific purposes like firearm background checks, DNA analysis, and employment screening.

Added requirement for Department of State Police to develop a secure portal by October 1, 2026, allowing agencies to check if records are sealed before responding to public requests.

Added requirement for Virginia Indigent Defense Commission to provide education and training on expungement and sealing processes.

DEFINITION

Updated definitions in § 9.1-101 to clarify terms like 'sealing' and 'criminal history record information' in the context of new automatic sealing procedures.

Finance and Appropriations Substitute → Senator Surovell, Scott A. Substitute · 5 edits

MODERATE

The bill text was reformatted from a standard Senate Substitute layout to a Floor Amendment layout, with the bill number changed from 25106358D to 25106624D. The substantive legislative content regarding criminal record expungement and sealing remains identical to the original version.

Scope change

No substantive change to the bill's scope or applicability; only formatting and metadata were modified.

TECHNICAL

Bill number changed from 25106358D to 25106624D

Title changed from 'AMENDMENT IN THE NATURE OF A SUBSTITUTE' to 'FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE'

Proposed date changed from January 29, 2025 to February 3, 2025

Layout and formatting changed from standard Senate Substitute format to Floor Amendment format with different line numbering and spacing

Page header changed from '2025 SESSION' to '2025 SESSION' with different positioning and additional spacing

Courts of Justice Substitute → Finance and Appropriations Substitute · 6 edits

MODERATE

The bill was amended from a Courts of Justice version to a Finance and Appropriations version, which added new procedural requirements for sealing records, updated the effective date for certain sealing provisions to July 1, 2026, and repealed a fee collection statute. The changes also expanded the list of chapters being amended to include additional enactments from the 2021 Special Session.

Scope change

The bill's scope was expanded to include additional enactments from the 2021 Special Session (Chapters 524 and 542) and the effective date for new sealing sections was delayed to July 1, 2026.

TIMELINE

The effective date for sections 19.2-392.6:1 and 19.2-392.12:1 was changed from July 1, 2025 to July 1, 2026.

The repeal of section 17.1-205.1 was added, which removes the Sealing Fee Fund and reverts those funds to the general fund.

The repeal of section 19.2-389.3 was moved to take effect on the earlier of when the 2021 Special Session processes become effective or July 1, 2026.

REQUIREMENT

New requirements were added for the Department of State Police to develop a secure portal by October 1, 2026, to help government agencies determine if records have been sealed.

The Virginia Indigent Defense Commission was tasked with educating public defenders, conducting training, and creating resources on expungement and sealing processes.

SCOPE

The bill was amended to include additional enactments from the 2021 Special Session (Chapters 524 and 542) in its list of sections being amended and reenacted.

Reenrolled → Courts of Justice Substitute · 6 edits

MODERATE

The bill updates Virginia's criminal record expungement and sealing laws, primarily by adding new automatic sealing provisions for specific offenses and creating petition processes for sealing ancillary records. It also repeals a fee-related statute and establishes new data collection requirements for the Virginia State Crime Commission to monitor implementation.

Scope change

The bill expands the scope of automatic sealing to include additional misdemeanor and felony offenses, and adds new petition procedures for sealing ancillary matters related to previously sealed charges.

ELIGIBILITY

Added new sections 19.2-392.6:1 and 19.2-392.12:1 to allow automatic sealing of former marijuana possession offenses and ancillary records without court orders.

TIMELINE

Changed effective dates from July 1, 2025 to July 1, 2026 for most provisions, with some automatic sealing processes having different implementation timelines.

FISCAL

Repealed § 17.1-205.1, which created the Sealing Fee Fund, directing those funds back to the general fund.

REQUIREMENT

Added requirements for the Virginia Indigent Defense Commission to provide education and training on expungement and sealing processes.

Added data collection and reporting requirements for the Virginia State Crime Commission to monitor sealing implementation and workload.

DEFINITION

Modified definitions and procedures for business screening services regarding sealed records, including deletion requirements and licensing fees.

Enrolled → Reenrolled · 7 edits · Apr 2, 2025

MODERATE

This bill updates Virginia's criminal record expungement and sealing laws to expand eligibility for automatic sealing, streamline petition processes, and establish new timelines for implementing automated sealing systems. The changes aim to help individuals with certain non-violent offenses clear their criminal records more easily while maintaining public safety protections.

Scope change

Expanded to include new automatic sealing provisions for specific misdemeanor and felony offenses, added petition procedures for sealing ancillary matters, and created new requirements for business screening services to handle sealed records.

ELIGIBILITY

Added automatic sealing for specific misdemeanor and felony offenses (including marijuana possession) without requiring a court order, effective July 1, 2026

TIMELINE

Changed effective dates for various sealing provisions from January 1, 2026 to July 1, 2026 for certain sections

REQUIREMENT

Created new petition process for sealing ancillary matters related to automatically sealed offenses

Added requirements for business screening services to delete sealed records and register with Department of State Police

Mandated development of secure portal for government agencies to verify sealed record status by October 1, 2026

FISCAL

Repealed the Sealing Fee Fund and returned funds to the general fund

ENFORCEMENT

Added data collection and reporting requirements for Virginia State Crime Commission to monitor sealing implementation

Introduced → Enrolled · 3 edits · Apr 2, 2025

MINOR

This bill transitions SB 1466 from its introduced draft version to the enrolled, final version approved by the General Assembly. The enrolled version includes the official act title, approval date, and formatting consistent with enacted legislation. The substantive legislative text remains identical to the introduced version, with no changes to the actual law, policy provisions, or legal requirements.

Scope change

No substantive scope change; the bill's scope remains focused on amending Virginia's criminal records expungement and sealing laws.

TECHNICAL

Header information changed from 'Introduced' to 'Enrolled' with official act numbering and approval date added

Page numbering and line formatting adjusted to match standard enrolled bill format

Section numbering and spacing standardized for final publication

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

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