Lawmakers are mostly done with their special session, although they left some business unfinished.
The House of Delegates wants to create a system of automatic expungement, allowing people to get rid of criminal convictions for many misdemeanors and even some drug-related felonies. The Senate wants to create a system where people would have to petition for expungement, and the process would be limited to four misdemeanors.
Democratic House Leader Charniele Herring says she’s willing to negotiate, but she also doesn’t want to create a compromise to do more harm than good.
“When you create a cottage industry for attorneys, it’s going to be a harder road to eliminate that industry," she explains. "And that’s what I’m still considering, is whether we do that, where we go down that road for a petition process for four small crimes and leave other people out in the cold.”
Senator Creigh Deeds says he wants to move in the direction of automatic expungement. But he says he also needs the votes to make it happen.
“I was pretty confident we could get something done last week. In the time that’s passed, a lot of skepticism has been passed to me by other members of the Senate, and it’s not just about what I want," he says. "It’s about producing something that can get 21 votes, and if I can’t get 21 votes, I’m probably not going to pursue the issue.”
So, Governor Ralph Northam might not end up signing that bill this year. But he has signed bills increasing penalties for calling 911 on false pretenses, allowing the Attorney General to open misconduct investigations and giving prosecutors discretion to drop drug cases even if judges disagree.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
