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Fairfax County may receive an extra year to prepare for Virginia’s automatic criminal record-sealing requirements, but local officials warn that delaying the mandate will not resolve its substantial costs.
Legislation advancing through the General Assembly would move the implementation deadline from July 1, 2025, to July 1, 2026. The proposed delay would give counties and cities more time to hire employees, upgrade technology and make other preparations.
“The extra year, obviously, is a positive,” Braddock District Supervisor James Walkinshaw said during a Jan. 31 meeting of the Fairfax County Board of Supervisors’ legislative committee.
Virginia lawmakers approved the record-sealing overhaul in 2021 under Democratic Gov. Ralph Northam. It created a process for local courts to automatically remove certain criminal records from public view, including cases resulting in dismissals, acquittals and deferred dispositions.
The original law covered eligible records dating to 1960. The pending legislation would narrow that period to records dating to 1986.
Some convictions for nonviolent misdemeanors—including simple marijuana possession, trespassing, shoplifting and underage drinking—could also be sealed after seven years if the person received no new convictions during that period. The law additionally expanded the types of offenses that could be sealed through a court petition.
Supporters say the changes will help people who completed their sentences and rehabilitation but continue to face obstacles when seeking jobs, housing and other necessities. Traditionally, Virginia expungements were generally limited to cases in which charges were dropped or a person was acquitted or pardoned.
Fairfax County Circuit Court has already experienced an increase in petitions from people seeking to restrict public access to their criminal records. An automatic system, however, was not required to be operational until July 1, 2025.
Two companion measures could extend that deadline. SB1466, sponsored by Sen. Scott Surovell, a Democrat representing the 34th District, passed the Senate 25-15 and was sent to the House Committee for Courts of Justice. HB2723, sponsored by Del. Charniele Herring, a Democrat representing the 4th District, cleared the House of Delegates 89-7 before moving to the Senate Committee for Courts of Justice.
Representatives from the Fairfax County Police Department, Sheriff’s Office and circuit court clerk’s office told supervisors that compliance will require more personnel, technology improvements and other work. A clerk’s office representative described the undertaking as “huge.”
County leaders welcomed the possible delay but remained concerned that local taxpayers would bear much of the expense.
Walkinshaw called the legislation “a marginal improvement” that fails to address the central funding problem.
“This kicks the can down the road a little bit,” he said.
Board of Supervisors Chairman Jeff McKay said Fairfax County has already incurred “significant costs,” making the financial challenge more than a future concern.
Several proposed state budget amendments would transfer some of the burden from local governments to Virginia. Any state contribution would depend on final negotiations between lawmakers and Gov. Glenn Youngkin.
Because the House and Senate bills were amended before leaving their original chambers, lawmakers may need a conference committee to reconcile their differences. Youngkin could also propose amendments if the legislation reaches his desk.
Supervisors were scheduled to revisit the bills at their next legislative committee meeting on Feb. 14. A meeting planned for Feb. 7 was canceled.