TITLE 19. PUBLIC SAFETY
REGISTRAR'S NOTICE: The following regulatory action is exempt from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act in accordance with § 9.1-915 of the Code of Virginia, which provides that regulations and forms promulgated to implement and enforce Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 of the Code of Virginia shall not be subject to Article 2 of the Administrative Process Act.
Title of Regulation: 19VAC30-170. Regulations Governing the Operation and Maintenance of the Sex Offender and Crimes Against Minors Registry (amending 19VAC30-170-30).
Statutory Authority: § 9.1-915 of the Code of Virginia.
Effective Date: June 24, 2022.
Agency Contact: Kirk Marlowe, Regulatory Coordinator, Bureau of Administrative and Support Services, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX (804) 674-2936, or email kirk.marlowe@vsp.virginia.gov.
Summary:
The amendments clarify that (i) the issuance of a simple pardon or restoration of rights does not result in removal from the Sex Offender and Crimes Against Minors Registry and (ii) an expungement does not include expungements of charges for which a person was convicted.
19VAC30-170-30. Expungement from Sex Offender and Crimes against Minors Registry; petition for removal.
A. Upon receipt of a certified copy of a death certificate recording the death of any person registered with the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. If available, a set of fingerprints should accompany the death certificate.
B. Upon receipt of a duly attested copy of a pardon an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the pardoned person has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.
C. Upon receipt of a report from any clerk of a circuit court or other court of competent jurisdiction that any conviction previously reported to the Sex Offender and Crimes against Minors Registry has been reversed, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction is reversed has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.
D. Upon receipt of a certified copy of an order of expungement entered pursuant to §§ 19.2-298.3 or § 19.2-392.2 of the Code of Virginia or the laws of the United States or any political subdivision thereof, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction has been expunged has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. An expungement for purposes of this subsection must be the result of an acquittal, a nolle prosequi, or dismissal of charges.
VA.R. Doc. No. R22-7144; Filed April 21, 2022