Virginia SB 230: Police and court records; expungement of records, delayed effective date.

Bill Text

2026 SESSION

INTRODUCED

26104575D

SENATE BILL NO. 230

Offered January 14, 2026

Prefiled January 11, 2026

A BILL to amend and reenact § 19.2-392.2, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to expungement of police and court records.

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Patron—Surovell

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That § 19.2-392.2, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted as follows:

§ 19.2-392.2. (Effective until July 1, 2026) Expungement of police and court records.

A. If a person is arrested, charged with, summonsed, or indicted for the commission of an infraction, a crime, or a civil offense, 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 is not ultimately convicted, provided that no finding of guilt was made by a court during the proceedings, such matter is eligible for expungement. Such person may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. A person shall not be required to pay any court fees or costs for filing a petition under this subsection For purposes of this section, a matter shall be eligible for expungement if the initial charge is reduced or amended to another offense, including a lesser-included offense or the same offense with a lesser punishment, such that the person is not convicted of the initial charge.

B. 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. A person shall not be required to pay any court fees or costs for filing 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. The petition with a copy of the warrant, summons, or indictment charging document, if reasonably available, shall be filed in the circuit court of the county or city in which the case was disposed of by acquittal or being otherwise dismissed resolved and shall contain, except when not reasonably available, the date of arrest and the name of the arresting agency. A single petition may request the expungement of the police and court records for multiple charges arising out of separate transactions or occurrences. When this information is not reasonably available, the petition shall state the reason for such unavailability. Such unavailability alone shall not be a basis for refusing expungement. The petition shall further state the specific criminal charge or civil offense to be expunged, the date of final disposition of the charge as set forth in the petition, the petitioner's date of birth, and the full name used by the petitioner at the time of arrest. If the petition is filed under this subsection, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner's Virginia criminal history record to the circuit court in which the petition was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit court; however, if the circuit court is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit court which shall be maintained under seal by the clerk unless otherwise ordered by the court.

D. A copy of the petition shall be served on the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may shall file an objection or answer to the petition, including the factual basis for such objection, or may give written notice to the court that he does not object to the petition within 21 days after it is served on him.

E. If the petition is filed under subsection B, the petitioner shall obtain from a law-enforcement agency one complete set of the petitioner's fingerprints and shall provide that agency with a copy of the petition for expungement. The law-enforcement agency shall submit the set of fingerprints to the CCRE with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of the petitioner's criminal history and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to the petitioner. If no hearing was conducted, upon the entry of an order of expungement or an order denying the petition for expungement, the court shall cause the fingerprint card to be destroyed unless, within 30 days of the date of the entry