Subcommittee tables bill that would let prosecutors seek temporary sealing of criminal complaints

Delegate Walker presented a substitute to allow a prosecutor to ask a judge to temporarily seal a written criminal complaint for good cause, using the same ex parte process available for sealing search‑warrant affidavits. Walker framed the measure as closing a "backdoor" created when a 2024 law required written criminal complaints to be filed in court, which made detailed complaint information publicly accessible: "This bill closes the backdoor."

Legal counsel and several delegates outlined how criminal complaints became public after the 2024 change and warned of the procedural consequences for defendants. Counsel noted that search‑warrant affidavits may be sealed with a specific showing and that the new amendment would allow sealing of all criminal complaints, including those that previously were not sealed. Critics—including the Virginia Press Association and the Coalition for Open Government—argued the proposal was too broad, would delay public notice and could be used ex parte without chance to challenge the sealing request. A recommended amendment for a defined short period (suggested by the patron as "maybe up to 30 days") was discussed but not adopted in committee that day.

After testimony, Delegate Delaney moved to lay HB 1029 on the table; the motion was seconded and the clerk recorded HB 1029 as tabled by a vote of 7‑2.