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2021 Session

Budget Amendments - HB1800 (Member Request)

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Chief Patron: Herring
Automatic Expungement Process for Certain Offenses

Item 425 #7h

Item 425 #7h

First Year - FY2021 Second Year - FY2022
Public Safety and Homeland Security
Department of State Police FY2021 $0 FY2022 $13,019,984 GF
FY2021 0.00 FY2022 4.00 FTE

Language
Page 507, line 7, strike "$74,070,135" and insert "$87,090,119".

Page 509, after line 10, insert:

"Q. Included in the appropriation for this item is $12,581,520 the second year from the general fund for the one-time update and replacement of information technology systems required to implement an automatic expungement process pursuant to legislation adopted by the 2021 Session of the General Assembly.

R. Included in the appropriation for this Item is $438,464 the second year from the general fund and four positions for the ongoing costs of operating an automatic expungement process pursuant to legislation adopted by the 2021 Session of the General Assembly."



Explanation

(This amendment provides $13.1 million from the general fund the second year for the one-time and ongoing costs of implementing and operating 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 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.)