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Subcommittee advances expungement-cleanup substitute to reduce inconsistency across courts

February 28, 2026 | 2026 Legislature VA, Virginia


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Subcommittee advances expungement-cleanup substitute to reduce inconsistency across courts
Senate Bill 230, advanced to the full committee by a 9–1 vote, makes a package of clarifications intended to reduce inconsistent local practices on expungement petitions.

Key changes summarized by the sponsor: the substitute removes 'otherwise dismissed' language that courts and the Supreme Court have found ambiguous; it clarifies that multiple dismissed charges may be included in one petition (targeting inconsistent local clerk practices), and it directs that the unavailability of old court records cannot be a basis for denial. The bill also clarifies which short-term protective orders tied to criminal charges can be expunged and allows petitioners appealing a denial to use pseudonyms to preserve privacy.

Supporters including civil-rights and defense‑side practitioners said the substitute fixes long-running procedural problems that produce unequal access and unnecessary filings. The state police asked the sponsor to remove automation and data‑access provisions that raised fiscal concerns; those items were omitted from the substitute. The subcommittee reported the substitute by a 9–1 vote.

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