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VA HB1298
Bill
Status
3/13/2026
Primary Sponsor
Karrie Delaney
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AI Summary
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Expands the definition of "qualifying offense" for human trafficking victims seeking vacatur to include any non-violent felony, any misdemeanor, and ancillary matters such as probation violations, contempt charges, and failure to appear
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Allows human trafficking victims to petition for vacatur of arrest records and charges, not just convictions or adjudications of delinquency, if their trafficking status was the proximate cause
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Creates a rebuttable presumption that petitioners were trafficking victims when official documentation exists from federal, state, or local agencies, licensed psychologists, clinical social workers, or qualified subject matter experts
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Permits petitioners to withhold information about their trafficker's identity and trafficking circumstances if disclosure would endanger the petitioner, their family, or other trafficking victims
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Grants automatic expungement of vacated qualifying offenses and ancillary matters, with refunds of all fines and penalties paid related to those offenses
Legislative Description
Human trafficking; issuance of vacatur for victims, definitions.
Last Action
Governor's Action Deadline 11:59 p.m., April 13, 2026
3/14/2026