RD570 - Automated Systems to Exchange Information: Progress on System Development – October 1, 2021

Executive Summary:

The expungement process in the Commonwealth of Virginia is often time-consuming and tedious due to the several manual processes that are involved. In the past five years, on average, the Department has processed over 4,097 expungements of criminal history information. Over the years, the Department has seen an increase in the number of petitions and corresponding court orders directing the expungement of criminal history information. Legislation passed during the 2021 Special Session provided new opportunities for the expungement and sealing of additional criminal offense information. Furthermore, the new legislation provides new automated processes in the electronic transfer of expungement and sealing information between key agencies involved in the expungement and sealing process. The new legislation provides an opportunity to streamline the expungement and sealing process by reducing the manual aspects that are involved.

This report will review the steps that the Department has taken to begin the development of a new Computerized Criminal History (CCH) system that will meet the requirements for new criminal history record expungement and sealing processes. Furthermore, an examination of the current expungement process will be provided to illustrate the numerous steps and manual processes involved in its current state. The new expungement and sealing legislation provides key measures to the automation and electronic transfer of expungement and sealing information, which will be outlined in this report. All of the new expungement and sealing requirements provide an opportunity for the Department to establish a CCH system that is at the forefront of current information technology.