Virginia HB 1065: Marijuana; convicted of possession, expungement of police and court records.

Bill Text

Bill Tracking - 2018 session > Legislation 

• 
• 

• Virginia General Assembly
• LIS Home
• LIS Help
• Privacy Statement
• Live Help 

• LIS Classic
• Login

SEARCH SITE

QUICK LINKS 
- - - - - - - - - - - - - - 
Log in 
LIS Home 
General Assembly Home 
- - - - - - - - - - - - - - 
Session Tracking: 
Bills & Resolutions 
Members 
Committees 
Meetings 
Calendars 
Communications 
House Minutes 
Senate Minutes 
Statistics 
Lobbyist-in-a-Box 
Personal lists 
- - - - - - - - - - - - - - 
Search: 
Code of Virginia 
Administrative Code 
Bills & Resolutions 
Summaries 

OTHER SESSIONS 
- - - - - - - - - - - - - - 
2023 Session 
2022 Session 
2022 Special Session I 
2021 Session 
2021 Special Session I 
2021 Special Session II 
2020 Session 
2020 Special Session I 
2019 Session 
2019 Special Session I 
2018 Session 
2018 Special Session I 
2018 Special Session II 
2017 Session 
2016 Session 
2015 Session 
2015 Special Session I 
2014 Session 
2014 Special Session I 
2013 Session 
2013 Special Session I 
2012 Session 
2012 Special Session I 
2011 Session 
2011 Special Session I 
2010 Session 
2009 Session 
2009 Special Session I 
2008 Session 
2008 Special Session I 
2008 Special Session II 
2007 Session 
2006 Session 
2006 Special Session I 
2005 Session 
2004 Session 
2004 Special Session I 
2004 Special Session II 
2003 Session 
2002 Session 
2001 Session 
2001 Special Session I 
2000 Session 
1999 Session 
1998 Session 
1998 Special Session I 
1997 Session 
1996 Session 
1995 Session 
1994 Session 
1994 Special Session I 
1994 Special Session II 

VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code 

• Constitution of Virginia
• Charters
• Authorities
• Compacts 

• Uncodified Acts
• RIS Users (account required) 
SEARCHABLE DATABASES

• Bills & Resolutions
session legislation
• Bill Summaries
session summaries 

• Reports to the General Assembly
House and Senate documents 

• Legislative Liaisons
State agency contactsACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994 
Developed and maintained by the Division of Legislative Automated Systems.

2018 SESSION

• history | 
hilite | 
pdf | 
print version 
18102825D

HOUSE BILL NO. 1065 

Offered January 10, 2018 

Prefiled January 10, 2018 

A BILL to amend and reenact �� 19.2-392.2 and 19.2-392.4 of 
 the Code of Virginia, relating to expungement of police and court records; 
 possession of marijuana. 
---------- 

Patrons-- Heretick and Levine 

---------- 

Referred to Committee for Courts of Justice 

---------- 

Be it enacted by the General Assembly of Virginia:

1. That �� 19.2-392.2 and 19.2-392.4 of the Code of Virginia 
 are amended and reenacted as follows:

� 19.2-392.2. Expungement of police and court records.

A. If a person is charged with the commission of a crime or 
 any offense defined in Title 18.2, and

1. Is acquitted,; or

2. A nolle prosequi is taken or the charge is otherwise 
 dismissed, including dismissal by accord and satisfaction pursuant to � 
 19.2-151, he may file a petition setting forth the relevant facts and 
 requesting expungement of the police records and the court records relating to 
 the charge.

B. Any person who has 
 been convicted of possession of marijuana under � 
 18.2-250.1 or charged under that section which charge has been deferred and 
 dismissed pursuant to � 18.2-251 may file a petition setting 
 forth the relevant facts and requesting expungement of police records and court 
 records relating to the charge and conviction after at least five years have 
 passed from the date of conviction. In order to qualify under this subsection, 
 the petitioner shall have no pending 
 charges, shall have no outstanding fines, costs, or restitution, and 
 shall have completed all terms of sentencing and probation, including 
 successful completion of any drug or alcohol program, and shall be 
 dependency free. The Department of State Police shall maintain a 
 record of any expungement granted pursuant to this subsection. Any conviction 
 that is expunged under this subsection shall be considered a prior conviction 
 for purposes of prosecution of any subsequent 
 offense for which such prior conviction statutorily enhances punishment.

C. 
 If any person whose name or other identification has been used without his 
 consent or authorization by another person who has been charged or arrested 
 using such name or identification, he may file a petition with the court 
 disposing of the charge for relief pursuant to this section. Such person shall 
 not be required to pay any fees for the filing of a petition under this 
 subsection. A petition filed under this subsection shall include one complete 
 set of the petitioner's fingerprints obtained from a law-enforcement agency.

C. D. The petition with a copy of 
 the warrant or indictment if reasonably available shall be filed in the circuit 
 court of the county or city in which the case was disposed of by acqu