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House of Representatives
Session of 2019 - 2020 Regular Session


Posted: January 15, 2019 03:16 PM
From: Representative Tedd C. Nesbit and Rep. Joanna E. McClinton
To: All House members
Subject: Expungement Upon Pardon or Full Acquittal
Last session, the General Assembly made great strides in improving our criminal justice system by working in a bi-partisan fashion to enact commonsense laws which are fair to all. Included in those bills, were two pieces of legislation we worked on to update the Post-Conviction Relief Act and DNA statutes. Similarly, Representatives Delozier and Harris worked together to enact Clean Slate, which also received bi-partisan support and praise.

Building upon two ideas from last session that didn’t make it to the Governor’s desk, Representative McClinton and I plan to introduce legislation that would provide an opportunity to expunge an individual’s record if they have been unconditionally pardoned or fully acquitted of all charges, based on the same conduct or arising from the same alleged criminal episode. The Commonwealth would receive notice of a potential expungement and would have an opportunity to object and conduct a hearing.

We believe if an individual has been pardoned, or fully acquitted on all charges in an incident, expungement is appropriate and will help people obtain jobs, housing and have a positive impact on our society.

Thanks for your consideration in co-sponsoring this important legislation.

Introduced as HB440