Automatic expungement legislation by the General Assembly is now headed to the Governor to be signed into law

RICHMOND (February 25, 2021) – Attorney General Mark R. Herring issued the below statement following the passage of automatic expungement legislation by the General Assembly that is now headed to the Governor to be signed into law:

“Each of us is more than our worst mistake, and we cannot allow Virginians’ lives to be dictated by one mistake. For too long, Virginia’s laws would not allow someone to move on from a mistake they had made years ago, regardless of how much they had grown, who they’d become, or what they’d done for their community since,” said Attorney General Herring. “With this new ‘clean slate’ legislation, Virginia will now be a place of second chances, and a place where someone can grow, give back to their community, and move on from something they may have done years ago.

“Automatic expungement and clean slate laws are something that I have been pushing for years, and I’m so proud that it is finally happening in the Commonwealth. I want to thank my colleagues in both the House and the Senate, and especially Majority Leader Charniele Herring and Senator Scott Surovell, for being strong partners in helping to pass this important legislation. I look forward to continuing to work with you as we pursue our goals to make Virginia a more fair, equal, and just place.”

For years, Attorney General Herring has advocated for expanding record expungement opportunities and simplifying the process to build a more just and fair criminal justice system and to address the disproportionate burden that criminal convictions place on African Americans and people of color. During last year’s special session on criminal justice reforms, Attorney General Herring again supported the passage of expanding expungement opportunities in the Commonwealth.

Historically, Virginia has been one of the nation’s least forgiving and most restrictive states for individuals who have earned the opportunity to have old convictions and charges expunged from their records. While many other states have some form of a “Clean Slate” law, the Commonwealth appeared to be one of just ten states that do not offer any sort of judicial “record closure” for any adult convictions, nor does it offer any automatic expungement for those who are eligible for expungement. This means that a relatively minor charge or conviction, like marijuana or alcohol possession, can become a permanent stain that limits a Virginian’s job, educational, and housing opportunities.