Lawmakers in Richmond are debating how much power they want to put in the hands of prosecutors and judges.
Even Democrats are divided on a few issues.
When commonwealth’s attorneys in Arlington and Norfolk wanted to drop some misdemeanor cases, they ran into a brick wall. Judges there demanded the prosecutors move forward. That’s why Democratic state
Senator Scott Surovell of Fairfax County has a bill that would clarify when prosecutors can drop charges. It also gives discretion to prosecutors and defense attorneys to expunge convictions. “The bill allows for the commonwealth and the defense to agree to an expungement of the charge if a person fulfills the terms and conditions. It doesn’t require there to be an expungement. It just gives the commonwealth’s attorney the ability to add expungement as that carrot to incentivize someone to behave and rehabilitate themselves.”
Surovell says any system that makes expungements automatic would be a mistake and take discretion out of the hands of judges, prosecutors and defense attorneys.
“I don’t really see it that way,” says Attorney General Mark Herring. He supports automatic expungement of convictions for some misdemeanors. “I think for the relatively low-level minor offenses I think there ought to be some automatic mechanism where those records are at least sealed.”
Surovell’s bill giving prosecutors more discretion to drop charges and expunge records has already passed the Senate. That means he’ll need to work out a deal with House Democrats, who are pushing for a system of automatic expungement.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
