Clerk warns law-library needs, records-sealing work could raise costs after state changes

The circuit court clerk told the Warren County Board of Supervisors during a budget work session that new state sealing and expungement requirements have forced a re-think of how court records and the law library are handled and funded.

The clerk said staff need partitions to block access to sealed files and provided a Miller's Hardware estimate for partition purchases; she also requested replacement of 25 law-library chairs that went missing during COVID and recent trial use. “I have an estimate on the partitions which was included in my upload,” she said, noting she contacted Elizabeth Kilmer and the county’s preferred vendor. She described ongoing annual maintenance costs for the Code of Virginia volumes the law library must keep current.

The clerk said uncertainty about whether sealed records still carry outstanding fees is creating operational risk. She asked whether sealing records will remove evidence of costs owed, and whether the county or state will continue to collect those fees. “If we seal the file, do they still owe the money? That hasn't been addressed,” she said. She also raised the possibility parts of the new sealing/expungement law could be repealed or modified when the fiscal impacts become clear.

The clerk discussed staffing and technology impacts tied to a possible surge of expungement work. She said the Compensation Board may fund additional “deputy 4” positions with higher credentials for functions such as expungement, and that the statewide legislative update had included a multi-million-dollar ask to fund extra positions. “They would be deputy 4 positions because only certain people have privileges to expunge a case,” she said, adding local offices are coordinating with the Compensation Board on reimbursements.

Why it matters: courthouse records and law libraries are both public-access services and long-running maintenance obligations. The clerk’s requests combine facilities (partitions, furniture), recurring purchases (annual law-volume updates) and potential staffing changes tied to state policy. Budgeting must separate one-time capital buys from recurring maintenance and clarify what the county will absorb versus what the state or grants will cover.

Budget implications and next steps: the clerk asked the county to include the partitions and replacement chairs in the law-library budget and recommended that, as the county approaches award periods, three quotes be obtained even when using preferred vendors. Supervisors and staff said they can solicit additional bids to confirm Miller’s pricing. County staff and the clerk agreed to monitor guidance from the Compensation Board and state agencies on fee and sealing mechanics to avoid creating uncollectible liabilities or service gaps that could later require reversals or additional appropriations.