Virginia is one of the few states where it’s almost impossible for someone to get rid of a conviction. But, that might be about to change.
The Virginia Crime Commission is recommending to lawmakers that they set up a system where convictions for some crimes are automatically expunged from the record. People convicted of low-level misdemeanors and some felonies wouldn’t even have to fill out an application or hire an attorney.
“It is our time to be bold; to step out," says House Majority Leader Charniele Herring, who is currently head of the Crime Commission.
“I want every one of us to imagine the stigma that comes with having something on your record," she says. "Every time you apply for a job to feed your family, your heart pounds wondering if that will be the reason you’re denied a job.”
Some lawmakers expressed reluctance at having felony convictions for arson or involuntary manslaughter automatically expunged. Rob Poggenklass with the Legal Aid Justice Center praised the idea in theory, but added concerns about the consumer data industry.
“The bill lacks strong protections to hold the background check industry accountable for ensuring that the information it sells is accurate," explains Poggenklass. "And without those protections the bill will not accomplish its intended purpose and could lead to increasing reliance by employers and landlords on private databases that continue expunged information.”
Lawmakers might end up passing a first go at the issue during the special session, and adding a re-enactment clause, so they can come back to the issue later and solve the problem of the background check industry.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
