The Courts Committee in the House of Delegates took up HB 5146, a bill that would implement a system of automatic expungement from an individual’s record for certain criminal convictions, deferred dispositions, acquittals, and offenses that have been nolle prossed or dismissed. The Crime Commission voted on Monday to recommend passing the bill.
House Majority Leader Charniele Herring (D), the bill’s sponsor, introduced the proposal to the Committee saying there is a stigma attached to individuals that have a past criminal record. Herring said the current system is more of a pick and choose process, and has no systematic way of expunging records.
The legislation includes expungement for nearly 175 different crimes, but the bill excludes violent crimes according to Leader 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) asked Herring during the Committee meeting if this would make it 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, there were several individuals speaking to the Committee in favor of passing the bill.
Andy Elders, a board member of Justice Forward Virginia spoke to the Committee saying automatic expungement for people who have been found not guilty will be a tremendous advancement for Virginia.
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.”
“This is one of the most substantive bills to come out of the crime commission in quite some time,” said Delegate Mike Mullin (D). “This is one of the most significant change of life bills,” said Mullin in reference to people with drug addiction.
Del. Adams (R), the only Republican that serves 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 this study is no different than any other. She told the Committee that she was aggressive to complete the study, but the process was not rushed at all. “This is not novel, most states have an expungement process,” said Herring. “To suggest that this is partisan politics, you are the one that put partisan politics behind this,” Herring directed at Adams. “This bill is about redemption.”
The Courts Committee voted to report and refer the automatic expungement bill to the House Appropriations Committee on a 13-8 vote.
“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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