Virginia Senate Bill SB1303

Virginia 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23
• Report Pass: 2/1/23
• Engrossed: 2/6/23
• Refer: 2/10/23

Caption

Defendant with a disorder or disability; sealing of criminal history record information, etc.

Impact

The implications of SB1303 are particularly pertinent to individuals with autism spectrum disorders or intellectual disabilities, allowing them to seek a clean slate under certain circumstances. The framework established by this legislation aims to reduce the long-term consequences of criminal records on individuals who may have committed offenses influenced by their conditions. It stipulates provisions for those who have not engaged in further criminal activity for defined periods, thus promoting rehabilitation and encouraging personal accountability. By offering an avenue for record sealing without the burden of fees for indigent petitioners, the bill attempts to balance justice and accessibility.

Summary

SB1303 relates to the sealing of criminal history record information for defendants diagnosed with a disorder or disability. The bill amends and reenacts relevant sections of the Code of Virginia to introduce a new provision that allows individuals with certain disabilities to petition for the sealing of their criminal records. This is significant as it acknowledges the intersection of mental health and the criminal justice system, thereby providing a pathway for those individuals to restore their rights and reintegrate into society. The bill defines 'defendant with a disorder or disability' and outlines the conditions under which criminal records can be sealed, predominantly focusing on misdemeanors and specific felony classifications.

Contention

Notably, the bill requires clear and convincing evidence to establish a direct relationship between the criminal conduct and the diagnosed disorder or disability. This aspect may spark debate among legal experts and advocates regarding the burden of proof and how it could affect individuals who may not have adequate resources to support their claims. Additionally, the inclusion of a provision that allows limited sealing of records under certain conditions might raise concerns about potential misuse or ambiguity in the law's application. Another point of contention could revolve around the waiting periods established in the bill concerning misdemeanor and felony offenses, which could be viewed as insufficient by some advocates for expungement reform.