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Virginia2026Enacted

SB230

Expungement of Police and Court Records

Last scannedAug 22, 2026, 5:26 AM

In one sentence

This act allows people who were arrested, charged, summonsed, or indicted but not convicted to have their police and court records expunged under certain conditions.

What it does

  • Allows the removal of police and court records for individuals who are arrested, charged, summonsed, or indicted for an infraction, crime, or civil offense and were not ultimately found guilty.
  • Permits multiple charges from separate incidents to be included in a single petition for expungement.
  • Requires the attorney for the Commonwealth to provide reasons if they object to an expungement request.
  • Ensures that unavailability of certain information does not prevent expungement.
  • Allows courts to order expungement if there is potential injustice to the petitioner.

Who it affects

  • People who were arrested, charged, summonsed, or indicted but not convicted.
  • Courts and law enforcement agencies holding records.
  • Attorneys for the Commonwealth.

Limits and unknowns

  • The act has a delayed effective date of December 1, 2026.
  • It does not specify what happens if the required information is unavailable.
  • Details about how expungement requests will be processed after the effective date are not provided.

Plain language

Terms to know

Expungement
The process of removing criminal records from public view.

Official record

Sources

Validated

Official summary

Expungement of police and court records. Permits the expungement of police and court records relating to an initial charge when a person is arrested, charged, summonsed, or indicted for the commission of an infraction, a crime, or a civil offense and such person is not ultimately convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine the facts sufficient to find guilt but deferred adjudication or disposition to a later date. The bill also permits that a petition may request expungement of the police and court records for multiple charges arising out of separate transactions or occurrences. The bill also provides that if a person was the subject of a delinquency or traffic proceeding and was not ultimately adjudicated delinquent or convicted, provided that no stipulation of facts sufficient to find guilt was entered or the court did not determine facts sufficient to find guilt but deferred adjudication or disposition to a later date, such matter is eligible for expungement. Lastly, the bill (i) allows certain deferred dispositions to be eligible for expungement; (ii) requires the attorney for the Commonwealth, if he files an objection to the petition for expungement, to include the basis for such objection; (iii) provides that the unavailability of certain information shall not be a basis for refusing expungement; (iv) requires the court, if it finds potential manifest injustice to the petitioner, to order expungement; (v) provides that the existence of a prior conviction alone shall not be a sufficient basis to deny an expungement; (vi) allows any person whose petition for relief is the subject of an appeal to proceed under a pseudonym pursuant to relevant law; and (vii) allows specifically identified emergency or preliminary protective orders to be expunged. The bill has a delayed effective date of December 1, 2026.

Official activity

Bill history

  1. Approved by Governor-Chapter 1127 (Effective 12/1/2026)Governor
  2. Acts of Assembly Chapter text (CHAP1127)Governor
  3. Governor's recommendation adoptedGovernor
  4. Signed by SpeakerHouse
  5. Signed by PresidentSenate
  6. Communicated to GovernorSenate
  7. Governor's Action Deadline 11:59 p.m., May 23, 2026Governor
  8. Senate passed by for the day recommendation Nos 2 and 4 (Voice Vote)Senate
  9. ReenrolledSenate
  10. Reenrolled bill text (SB230ER2)Senate
  11. Senate concurred in Governor's recommendation Nos. 1 and 3 (24-Y 15-N 0-A)Senate
  12. Governor's recommendation Nos. 2 and 4 passed by (Voice Vote)Senate
  13. Governor's amendments nos. 1 and 3 agreed to (72-Y 25-N 0-A)House
  14. Governor's recommendation received by SenateGovernor
  15. Enrolled Bill communicated to Governor on March 14, 2026Senate
  16. Governor's Action Deadline 11:59 p.m., April 13, 2026Governor
  17. Fiscal Impact Statement from Department of Planning and Budget (SB230)Senate
  18. Signed by SpeakerHouse
  19. Signed by PresidentSenate
  20. EnrolledSenate

Changes

Amendments

1 stored

SB230G

(SB230) GOVERNOR'S RECOMMENDATION 1.