Results 1 to 11 of 11

Thread: HB227: Automatic Expungement of all court records if case 'Nolle prosequi'

  1. #1
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519

    HB227: Automatic Expungement of all court records if case 'Nolle prosequi'

    This bill (HB 227) could have implications for Virginians falsely or erroneously arrested for gun violations:

    Summary:
    Expungement when a nolle prosequi is taken. Provides that when a nolle prosequi is taken, the court shall order the police records and the court records relating to the charge expunged without further action by the person charged, two years from the date the nolle prosequi was taken.
    Last edited by Repeater; 01-23-2012 at 06:33 PM.

  2. #2
    Regular Member riverrat10k's Avatar
    Join Date
    Aug 2008
    Location
    on a rock in the james river
    Posts
    1,453
    E=mail sent.

    Support the bill.

  3. #3
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by riverrat10k View Post
    E=mail sent.

    Support the bill.

    I support it also but it should also include not guilty
    verdicts.

  4. #4
    Regular Member riverrat10k's Avatar
    Join Date
    Aug 2008
    Location
    on a rock in the james river
    Posts
    1,453
    Agreed, of course. Do you know the sponsor or do I have to actually do something? lol

  5. #5
    Regular Member riverrat10k's Avatar
    Join Date
    Aug 2008
    Location
    on a rock in the james river
    Posts
    1,453
    Ok, ok I looked it up. Thanks, Repeater!

    Habeeb from Salem area. Repub.-

    And two Dems as co-sponsors. Hmmm. Why would this sort of support be behind this legislation. Interesting.

    A political favor bill? Someone with pull needs some crap off their record?\
    Last edited by riverrat10k; 01-23-2012 at 08:17 PM. Reason: aded cynical comment

  6. #6
    Accomplished Advocate user's Avatar
    Join Date
    Feb 2009
    Location
    Northern Piedmont of Virginia
    Posts
    2,373
    Quote Originally Posted by peter nap View Post
    I support it also but it should also include not guilty
    verdicts.
    ...or outright dismissal on any other basis. For example, in our recent Boss of Surry v. Skidmark adventure, the Skid's charge of obstruction of justice was dismissed as the result of a motion, not a finding on the merits. Any dismissal ought to get an automatic expungement. (Nolle pros. is a dismissal "without prejudice" to the Commonwealth's ability to re-file.)
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

  7. #7
    Founder's Club Member
    Join Date
    Jun 2008
    Location
    Lynchburg, Virginia, USA
    Posts
    2,201
    I wonder if either democrat who support this legislation represent Safwan Alkabilly, the chap up near Richmond who was incorrectly arrested last year for carrying on school property. If I recall correctly his case ended in "nolle prosequi", rather than a dismissal based upon the evidence at hand.

  8. #8
    Regular Member paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA, Virginia, USA
    Posts
    1,448
    I'd also like to see charges that are dismissed after a period of pre-finding probation expunged. Heck lets just make all arrests that don't result in a guilty verdict disappear. What purpose do they serve anyway? At worst, they are a non judicial punishment that gets applied whenever you have a background check done. It should be guilty or nothing.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  9. #9
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519
    Quote Originally Posted by user View Post
    ...or outright dismissal on any other basis. For example, in our recent Boss of Surry v. Skidmark adventure, the Skid's charge of obstruction of justice was dismissed as the result of a motion, not a finding on the merits. Any dismissal ought to get an automatic expungement. (Nolle pros. is a dismissal "without prejudice" to the Commonwealth's ability to re-file.)
    I wonder if you could skillfully edit the bill text to provide exactly what is needed? You have here the tools of italics and strike.

  10. #10
    Regular Member Repeater's Avatar
    Join Date
    Nov 2007
    Location
    Richmond, Virginia, USA
    Posts
    2,519
    Quote Originally Posted by peter nap View Post
    I support it also but it should also include not guilty
    verdicts.
    I agree with you.

    I suspect, without proof, that the patron is basing the bill as introduced on the Maryland model. Many, many very bad LEO encounters, especially in Baltimore, led to this new law. See some of the background here:

    A chance for a clean slate: Automatic expungement law has helped thousands clear arrest records
    By James Drew | Baltimore Sun reporter July 7, 2008
    Thousands of Marylanders have had their arrest records removed from public view because of a new state law that requires automatic expungement for those who are detained and released without charge.

    Proponents say the nine-month-old law is working as intended, removing potential barriers to obtaining employment, housing and loans.

    The changes are seen as especially important in Baltimore City. Tens of thousands of residents, many of them young men, have minor criminal records - sometimes as a consequence of "zero-tolerance" policies that result in large numbers of arrests without charges or convictions.
    Arrested Without Charges? Md. Senate OKs Expunging Your Record
    The Maryland Senate on Tuesday voted unanimously for a bill that would automatically expunge the police records of people who are arrested but never charged, a measure designed to lift barriers to employment that police records can create.

    ...

    Aggressive police practices has been a contentious issue, especially in Baltimore. Supporters of the bill say people can end up getting arrested, simply for being in the wrong place at the wrong time, and suffer lingering problems because of the arrest record. They also say some people are arrested for very minor infractions that never get prosecuted.

    Sen. Alex Mooney, R-Frederick, stood up to debate the bill's purpose, saying police are only trying to do their jobs enforcing the law. He said lawmakers should consider law enforcement's perspective before voting for the bill.

    "You've got to enforce the laws, even the small ones," Mooney said. "You break a window, if you enforce the law, then maybe they won't go from breaking a window to breaking your arm."

    But Sen. James Robey, D-Howard, who worked as a police officer for more than 30 years, argued in support of the bill, because he said police can make mistakes.

    "There's nothing wrong with this bill," Robey said. "It's a matter of fairness for everyone involved."

    Mooney ended up voting for the measure, saying Robey's comments helped sway him.

  11. #11
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    It figures that those dopes in Maryland would fix a problem on the back end, rather than forcing their police departments to change their illegal and abusive policies to fix it on the front end. Yet more reasons to never go to Maryland.

    TFred

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •