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republic-os/legislation/us/states/va/2021/sb-1339.md
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Fabio 5a13be122b Legislation: batch E — CA TN VA VT WA WI WV WY 
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 17:28:36 -04:00

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---
type: "Bill"
title: "Criminal records; sealing of records, Sealing Fee Fund created, penalties, report."
description: "Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill creates the Expungement Fee Fund, which is funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill also requires a business that collects and sells or licenses the public record information of a consumer to implement security practices to protect the accuracy of a consumer's public record information, obtain express consent of a parent of a minor before selling the public record information of such minor, provide access to consumers to their own public record information that is held by the entity, refrain from maintaining or selling information that it knows to be inaccurate, and provide a means by which a consumer can opt out of the sale of his public record information. The bill provides that a violation could result in a civil penalty of up to $7,500 or damages to be awarded to a consumer. The bill also provides for the award of attorney fees and costs. With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill."
jurisdiction: "us/states/va"
legislature: "Virginia General Assembly"
session: "2021"
identifier: "SB 1339"
citation: "Virginia SB 1339 (2021)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Scott A. Surovell"]
version_count: 6
action_count: 71
vote_count: 14
first_action: "2021-01-12"
last_action: "2021-04-07"
source: "openstates"
source_identifier: "ocd-bill/efc27238-ce7e-493f-b570-cc4238bc6cf6"
source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+SB1339"
source_hash: "9b7a57c1b0ad7ebc8a9c7db8c15dd55093b12f8688d6287fe41d7b03f7e84368"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-va"]
---
# Virginia SB 1339 (2021) — Criminal records; sealing of records, Sealing Fee Fund created, penalties, report.
Expungement and sealing of police and court records; Expungement Fee Fund created; protection of public record information; penalties. Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the expungement of the police and court records relating to convictions of marijuana possession, underage alcohol or tobacco possession, and using a false ID to obtain alcohol and for deferred disposition dismissals for possession of controlled substances or marijuana, underage alcohol or tobacco possession, and using a false ID to obtain alcohol. The bill creates the Expungement Fee Fund, which is funded by all collected expungement fees. The bill provides that expungement fees shall not be refundable, but persons who are indigent or represented by court-appointed counsel shall not be required to pay such fees. The Fund is administered by the Executive Secretary of the Supreme Court and used to fund the costs of court-appointed counsel. The bill also requires a business that collects and sells or licenses the public record information of a consumer to implement security practices to protect the accuracy of a consumer's public record information, obtain express consent of a parent of a minor before selling the public record information of such minor, provide access to consumers to their own public record information that is held by the entity, refrain from maintaining or selling information that it knows to be inaccurate, and provide a means by which a consumer can opt out of the sale of his public record information. The bill provides that a violation could result in a civil penalty of up to $7,500 or damages to be awarded to a consumer. The bill also provides for the award of attorney fees and costs. With the exception of the provisions regarding the Expungement Fee Fund, and the funding provisions of such fund, the bill has delayed effective date of July 1, 2022. The bill directs the Department of Criminal Justice Services to adopt emergency regulations to implement the provisions of the bill.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **CHAP0524** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0524)
2. **Committee substitute printed 21200355D-H1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1339H1)
3. **Governor's substitute printed 21200871D-S4** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1339S4)
4. **SB1339ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1339ER)
5. **SB1339ER2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1339ER2)
6. **SB1339S3** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+SB1339S3)
## Votes
- Reported from Finance and Appropriations with substitute (13-Y 3-N) — **13–3** (pass) · upper
- Reported from Courts of Justice with substitute (14-Y 8-N) — **14–8** (pass) · lower
- VOTE: Agree To (60-Y 40-N) — **59–40** (pass) · lower
- Reported from Judiciary with substitute (9-Y 3-N 3-A) — **9–3** (pass) · upper
- Senate concurred in Governor's recommendation (22-Y 18-N) — **22–17** (pass) · upper
- Passed Senate (21-Y 18-N) — **21–18** (pass) · upper
- Reported from Appropriations (12-Y 7-N) — **12–7** (pass) · lower
- Constitutional reading dispensed (39-Y 0-N) — **39–0** (pass) · upper
- VOTE: Passage (58-Y 41-N) — **57–41** (pass) · lower
- House substitute agreed to by Senate (25-Y 14-N) — **25–14** (pass) · upper
- Read third time and passed Senate (21-Y 17-N) — **21–17** (pass) · upper
- Continued to Special Session 1 in Courts of Justice — **0–0** (fail) · lower
- Reconsideration of passage agreed to by Senate (38-Y 0-N) — **38–0** (pass) · upper
- Subcommittee recommends reporting (5-Y 2-N) — **5–2** (pass) · lower
## Sponsors
- Scott A. Surovell — primary (person)
- Joseph D. Morrissey — cosponsor (person)
- Kaye Kory — cosponsor (person)
- L. Louise Lucas — cosponsor (person)
- Patrick A. Hope — cosponsor (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2021-01-12** Prefiled and ordered printed; offered 01/13/21 21100793D `introduction`
- **2021-01-12** Referred to Committee on the Judiciary `referral-committee`
- **2021-01-14** Impact statement from VCSC (SB1339)
- **2021-01-26** Assigned Judiciary sub: Expungement `referral-committee`
- **2021-01-28** Senate subcommittee amendments and substitutes offered
- **2021-01-31** Senate committee, floor amendments and substitutes offered
- **2021-02-01** Reported from Judiciary with substitute (9-Y 3-N 3-A) `committee-passage`
- **2021-02-01** Incorporates SB1283 (Morrissey)
- **2021-02-01** Incorporates SB1372 (Lucas)
- **2021-02-01** Rereferred to Finance and Appropriations `referral-committee`
- **2021-02-01** Impact statement from DPB (SB1339)
- **2021-02-01** Committee substitute printed 21103918D-S1 `substitution`
- **2021-02-02** Impact statement from VCSC (SB1339S1)
- **2021-02-03** Senate committee, floor amendments and substitutes offered
- **2021-02-03** Reported from Finance and Appropriations with substitute (13-Y 3-N) `committee-passage`
- **2021-02-03** Committee substitute printed 21104284D-S2 `substitution`
- **2021-02-03** Constitutional reading dispensed (39-Y 0-N)
- **2021-02-04** Impact statement from VCSC (SB1339S2)
- **2021-02-04** Read second time `reading-2`
- **2021-02-04** Reading of substitute waived
- **2021-02-04** Committee substitute rejected 21103918D-S1
- **2021-02-04** Reading of substitute waived
- **2021-02-04** Committee substitute rejected 21104284D-S2
- **2021-02-04** Reading of substitute waived
- **2021-02-04** Floor substitute printed 21104416D-S3 (Surovell)
- **2021-02-04** Substitute by Senator Surovell agreed to 21104416D-S3
- **2021-02-04** Engrossed by Senate - floor substitute SB1339S3
- **2021-02-05** Impact statement from VCSC (SB1339S3)
- **2021-02-05** Read third time and passed Senate (21-Y 17-N) `passage, reading-3`
- **2021-02-05** Reconsideration of passage agreed to by Senate (38-Y 0-N)
- **2021-02-05** Passed Senate (21-Y 18-N) `passage`
- **2021-02-07** Placed on Calendar
- **2021-02-07** Read first time `reading-1`
- **2021-02-07** Referred to Committee for Courts of Justice `referral-committee`
- **2021-02-08** Continued to Special Session 1 in Courts of Justice
- **2021-02-19** House committee, floor amendments and substitutes offered
- **2021-02-20** Reported from Courts of Justice with substitute (14-Y 8-N) `committee-passage`
- **2021-02-20** Committee substitute printed 21200355D-H1 `substitution`
- **2021-02-20** Referred to Committee on Appropriations `referral-committee`
- **2021-02-21** Assigned App. sub: Transportation & Public Safety `referral-committee`
- **2021-02-22** Impact statement from VCSC (SB1339H1)
- **2021-02-22** Subcommittee recommends reporting (5-Y 2-N)
- **2021-02-22** Impact statement from DPB (SB1339H1)
- **2021-02-22** Reported from Appropriations (12-Y 7-N) `committee-passage`
- **2021-02-23** Read second time `reading-2`
- **2021-02-24** Read third time `reading-3`
- **2021-02-24** Committee substitute agreed to 21200355D-H1
- **2021-02-24** Engrossed by House - committee substitute SB1339H1
- **2021-02-24** Passed House with substitute (58-Y 41-N) `passage`
- **2021-02-24** VOTE: Passage (58-Y 41-N)
- **2021-02-25** Passed by temporarily
- **2021-02-25** House substitute agreed to by Senate (25-Y 14-N)
- **2021-02-25** Title replaced 21200355D-H1
- **2021-03-09** Enrolled
- **2021-03-09** Impact statement from DPB (SB1339ER)
- **2021-03-09** Signed by President
- **2021-03-11** Signed by Speaker
- **2021-03-15** Enrolled Bill Communicated to Governor on March 15, 2021
- **2021-03-15** Governor's Action Deadline 11:59 p.m., March 31, 2021
- **2021-03-31** Governor's recommendation received by Senate
- **2021-03-31** Governor's substitute printed 21200871D-S4
- **2021-04-02** Impact statement from VCSC (SB1339S4)
- **2021-04-07** Senate concurred in Governor's recommendation (22-Y 18-N)
- **2021-04-07** House concurred in Governor's recommendation (60-Y 40-N)
- **2021-04-07** VOTE: Agree To (60-Y 40-N)
- **2021-04-07** Governor's recommendation adopted
- **2021-04-07** Reenrolled
- **2021-04-07** Reenrolled bill text (SB1339ER2)
- **2021-04-07** Signed by President as reenrolled
- **2021-04-07** Signed by President as reenrolled
- **2021-04-07** Enacted, Chapter 524 (effective - see bill) `became-law`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/efc27238-ce7e-493f-b570-cc4238bc6cf6`. Confidence: reported (aggregated from official Virginia legislature records).
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