House Courts Committee advances automatic expungement bill in General Assembly

By a 13-8 vote, the Courts Committee of the Virginia House of Delegates advanced a bill Wednesday that would implement a system of automatic expungement from a person’s record for certain criminal convictions, deferred dispositions, acquittals, and offenses that have been nolle prossed (or dismissed). The crime commission had voted on Monday to recommend passing the bill.

House Majority Leader Charniele Herring (D-Alexandria), the sponsor of HB 5146, introduced the proposal to the committee by explaining that there is a stigma attached to people who have criminal records. The current system of expungement is a pick-and-choose process, she said, and has no systematic way of expunging records.

The proposed legislation includes expungement for nearly 175 different crimes, but it excludes violent crimes, according to Herring. Some exceptions to records being expunged or sealed include background checks for gun purchases and employment in law enforcement, as an EMT, at DMV, or in a courtroom setting.

Delegate Leslie Adams (R-Chatham) asked Herring during the committee meeting if this would make Virginia the most progressive state in the country.

“I would take pride in the fact that Virginia is moving in that direction for certain crimes,” responded Herring.

While no one from the public spoke out against the bill, several people spoke to the committee in favor of it.

Automatic expungement for people who have been found not guilty would be a tremendous advancement for Virginia, Justice Forward Virginia board member Andy Elders, told the committee.

Sheba Williams, the executive director of Nolef Turns, said she was wrongfully convicted of a crime 16 years ago and has been unable to be a chaperone on her school trips.

“I support this bill and hope that you all will vote for it,” she said.

“This is one of the most substantive bills to come out of the crime commission in quite some time. This is one of the most significant change-of-life bills,” said Delegate Mike Mullin (D-Hampton), referencing people with drug addictions who have convictions.

Adams, the only Republican on the crime commission, spoke in opposition to the bill on the grounds of a lack of data.

“We have an ideological perspective, which is people need a second chance,” said Adams. “I argue that this is a rushed piece of legislation to make it in time for the special session.”

Herring, the chair of the crime commission, said the study was no different than any other. She told the committee that she pushed aggressively to complete the study but that the process was not rushed at all.

“This is not novel – most states have an expungement process,” said Herring, then addressed Adams: “To suggest that this is partisan politics, you are the one that put partisan politics behind this. This bill is about redemption.”

The bill next will advance to the House Appropriations Committee.

“This is meaningful for so many who have made a mistake in their life,” said Herring through tears prior to the vote. ”This will open the door for many Virginians.”

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This article first appeared on VirginiaScope.com. It is republished here with permission.