2021 Session

Budget Amendments - HB1800 (Member Request)

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Chief Patron: Herring
Automatic Expungement Process for Certain Offenses

Item 39 #5h

Item 39 #5h

First Year - FY2021 Second Year - FY2022
Judicial Department
Supreme Court FY2021 $0 FY2022 $6,156,130 GF

Page 34, line 4, strike "$41,962,568" and insert "$48,118,698".

Page 36, after line 9, insert:

"P. Included in this appropriation is $6,156,130 the second year for the implementation of an automatic expungement process for certain offenses."


(This amendment provides $6.2 million the second year for the one-time information technology costs for the Office of the Executive Secretary of the Supreme Court to implement an automatic expungement process for certain offenses pursuant to legislation to be considered during the 2021 Session of the General Assembly. The bill, a recommendation of the Virginia State Crime Commission, would provide for a process of expungement of criminal records for certain convictions, deferred dispositions, acquittals, and for offenses that have been nolle prossed or otherwise dismissed. The bill would also provide for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. Companion amendments have been drafted to the State Police and Department of Corrections Items. This is a placeholder amendment until a final fiscal impact statement has been produced. In House Bill 1800 as introduced, Item 479, Paragraph U includes $5.0 million the first year and $20.0 million the second year to support legislation related to expungements of criminal records, including but not limited to automatic expungement of misdemeanor marijuana records.)