Committee advances expungement substitute with procedural clarifications, asks for more drafting

Jan 28, 2026

A substitute to streamline expungement petitions, clarify lesser‑included and traffic matters, and permit appellate pseudonyms was debated; Commonwealth's attorneys raised concerns about deferred findings and how the substitute would interact with statutes that currently bar expungement of certain deferrals. Sponsors agreed to further drafting.

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Sen. Serbell presented a substitute to clarify and expand procedures for expungement petitions, removing the ambiguous "otherwise dismissed" language, allowing petitions for some traffic infractions, clarifying how lesser‑included offenses are treated, and permitting petitioners to pursue appeals under a pseudonym to avoid public disclosure while appeals proceed.

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