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State Lawmakers Weigh the Very Nuanced Issue of Conviction Expungement

Lawmakers are trying to work their way through a number of complicated issues this year. One of the most nuanced issues this year is how to expunge old convictions.

Democratic leaders in the House and Senate are all on board with figuring out a way to expunge many old convictions so people who have criminal records can get a job or an apartment. But they're divided about whether that process should be automatic or petition-based, which could involve hiring a lawyer and missing a day of work. One potential solution now under discussion is a hybrid model, sometimes automatic, sometimes petition-based.

Senator Joe Morrissey is a Democrat who represents Richmond.

"To break this down into all of these various nuances," he said. "As long as you didn't have a misdemeanor traffic conviction but if you had a traffic infraction and it only occurred within two years when you were wearing orange socks. It's too complicated. It's way too complicated."

Senator Scott Surovell is a Democrat from Fairfax County who responded to that concern by quoting satirist H.L. Mencken.

"For every complex problem, there's an answer that is clear, simple and wrong," Surrovell quoted. "So, this is a complex problem, and complex problems often require complex solutions. It might not make people happy. But that's the reality, OK?"

Lawmakers are racing against the clock trying to work their way through all these issues during a 30-day session, although the governor can always call a special session to complete unfinished business if they don't meet the deadline.

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

Michael Pope is an author and journalist who lives in Old Town Alexandria.