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Library workshop details new laws about expungement reform

Darlene M. Johnson | 8/10/2023, 6 p.m.
At age 19, John Campbell III, was convicted of highway robbery and sentenced to 25 years in prison with 10 …
Nearly two dozen people attended a July 15 expungement workshop to learn about updates to Virginia law. The workshop was presented by the Richmond Commonwealth’s Attorney’s Office, Nolef Turns, Justice Forward Virginia and the Richmond Public Law Library. Photos by Darlene Johnson/Richmond Free Press

At age 19, John Campbell III, was convicted of highway robbery and sentenced to 25 years in prison with 10 years suspended. After his first release, he was in and out of prison 10 times.

Now 74 years old, he has not been back to prison since 2005, he said.

John Campbell III, 74, is disappointed that his convictions do not qualify for expungement under upcoming Virginia law updates. He has struggled to find work due to a charge he received at age 19.

John Campbell III, 74, is disappointed that his convictions do not qualify for expungement under upcoming Virginia law updates. He has struggled to find work due to a charge he received at age 19.

Mr.Campbell’s conviction of highway robbery is the one offense that bars him from opportunities to advance, he said. He receives disability benefits and seeks jobs where he can counsel others in situations similar to his. However, he has been dismissed from these jobs as soon as employers learn about his conviction, he said.

Mr. Campbell was among nearly two dozen attendees at a July 15 expungement workshop at the Richmond Public Law Library. There they learned about updates to state laws that took effect July 1, 2021, and will all be effective by July 1, 2025.

The Virginia General Assembly passed legislation for expungement reform in Virginia during the 2021 session. This legislative success was not without compromise that resulted in fewer charges qualifying for expungement and record sealing.

“We’re not totally satisfied with what we got,” said Rob Poggenklass of Justice Forward Virginia’s leadership team that was a presenter at the event. “It’s a big foot in the door that we’ve been working on. If we want to try to expand this for future years, we can work toward that.”

Sheba Williams, founder of Nolef Turns, and Rob Poggenklass, executive director of Justice Forward Virginia, speak at the July 15 expungement workshop.

Sheba Williams, founder of Nolef Turns, and Rob Poggenklass, executive director of Justice Forward Virginia, speak at the July 15 expungement workshop.

In 2025, Virginia will be one of the few states to allow automatic record sealing for some convictions. Misdemeanor non-convictions, along with convictions such as disorderly conduct and petit larceny or concealment, will be eligible for automatic record sealing, according to the literature distributed during the workshop. All misdemeanors except DUIs and assault and battery on family or household members, as well as convictions and deferred dismissals of Class 5 and Class 6 felonies and felony larceny, are all eligible for petition-based record sealing if certain requirements are met.

Meanwhile, Mr. Campbell considers his situation to be a “manifest of injustice” and he was disappointed to learn that his conviction does not qualify for expungement or record sealing.

“I’m walking around with my old penitentiary number ... 095517 ... on my back right now,” he said.

Another workshop participant, Teenora Thurston, 46, said that she was convicted of felony malicious wounding at age 18. Under a plea bargain, she was sentenced to five years with four years sus- pended, and served 10 months in jail. Although she did not have a prior record, she said that her convictions do not qualify for expungement or record sealing, and disqualifies her from utilizing the upcoming law changes.

Since her 2001 release, Mrs. Thurston, a Richmond mother of four children, said she has worked to change her circumstances, and wants to ensure that others do not have to fight the same fight.

Teenora Thurston, 46, of North Side, attended the workshop to learn about her options to have her records expunged.

Teenora Thurston, 46, of North Side, attended the workshop to learn about her options to have her records expunged.

She currently works with the Legal Aid Justice Center and runs a non-profit organization, Mothers to Others, which seeks to “fill the gap” and provide resources for Richmonders in need of basic necessities.

Mrs. Thurston encourages people who have convictions to “show their power” and share their stories with legislators and organizations.

Sheba Williams, founder of Nolef Turns, a member of the Expungement Council and a speaker during the workshop, encouraged attendees to “vote, run, serve, lead.”

People who have not been involved in the criminal justice system are the ones making decisions currently, she said.

“The people who represent you, tell them what you want,” Ms. Williams added. “Don’t let them tell you what they’re going to do for you. Tell them what you need to have sustainability, to change the bar- rier to crime laws, change the decisions around them.”