SB 640

            
2020 SESSION


20107609D

SENATE BILL NO. 640

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on the Judiciary

on February 5, 2020)

(Patron Prior to Substitute--Senator Surovell)

A BILL to amend the Code of Virginia by adding in Article 13
of Chapter 3 of Title 8.01 a section numbered 8.01-130.01, relating to unlawful
detainer; expungement.

Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Article
13 of Chapter 3 of Title 8.01 a section numbered 8.01-130.01 as follows: 

� 8.01-130.01. Unlawful detainer; expungement.

A. If an action for unlawful detainer filed in general
district court is dismissed or a nonsuit is taken and the time in which the
action may be recommenced pursuant to � 8.01-229 has expired, provided that no
order of possession has been entered in the case, the defendant may file a
petition on a form created by the Supreme Court in the general district court
in which the underlying unlawful detainer action was filed requesting expungement
of the court records relating to the unlawful detainer. The petition shall
provide the date that the order of dismissal or nonsuit was entered, the
address of the property that was the subject of the unlawful detainer action,
and the name of the plaintiff in the unlawful detainer action.

B. Upon finding that the unlawful detainer action was
dismissed or a nonsuit was taken and the time for recommencement of the action
has expired and no order of possession was entered, the court shall, without a hearing,
enter an order requiring the expungement of the court records.

2. That the provisions of this act shall become effective on
January 1, 2022.