2021 Session

Budget Amendments - HB1800 (Member Request)

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Chief Patron: Herring
Automatic Expungement Process for Certain Offenses

Item 402 #17h

Item 402 #17h

First Year - FY2021 Second Year - FY2022
Public Safety and Homeland Security
Department of Corrections FY2021 $0 FY2022 $50,000 GF

Page 479, line 35, strike "$180,965,434" and insert "$181,015,434".

Page 483, after line 31, insert:

"Y. Included in the appropriation for this item is $50,000 the second year from the general fund for the estimated net increase in the operating cost of adult correctional facilities resulting from the enactment of sentencing legislation as listed below. This amount shall be paid into the Corrections Special Reserve Fund, established pursuant to § 30-19.1:4, Code of Virginia.

1. Automatic expungement for certain offenses -- $50,000."


(This amendment provides $50,000 the second year for a Corrections Special Reserve Fund deposit to reflect the indeterminate bedspace impact of legislation considered during the 2021 Session of the General Assembly which would establish 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 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 Office of the Executive Secretary of the Supreme Court and State Police 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.)