West Virginia legislation · 2026 Regular Session
West Virginia HB4098: To restore the right of a person to sit on a jury has been restored upon expungement of one’s record
Status: Passed one chamber, February 13, 2026
What the bill says
To amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements for serving on jury; and clarifying that prospective juror whose conviction was expunged or set aside, or who subsequent thereto receives a pardon for said offense, shall not be disqualified from serving on a jury. article 1. petit juries. §52-1-8. Disqualification from jury service. (a) The court, shall determine whether any prospective juror is disqualified for jury service on the basis of information provided on the juror qualification form or interview with the prospecti.
From the engrossed text, February 9, 2026:
A BILL to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as amended, relating to eligibility requirements for serving on jury; and clarifying that prospective juror whose conviction was expunged or set aside, or who subsequent thereto receives a pardon for said offense, shall not be disqualified from serving on a jury. article 1. petit juries. §52-1-8. Disqualification from jury service. (a) The court, shall determine whether any prospective juror is disqualified for jury service on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence. The clerk shall enter this determination in the space provided on the juror qualification form and on the alphabetical lists of names drawn from the jury wheel or jury box. (b) A prospective juror is disqualified to serve on a jury if the prospective (2) Is unable to read, speak and understand the English language. For the purposes of this section, the requirement of speaking and understanding the English language is met by the ability to communicate in American Sign Language or Signed English; (3) Is incapable, by reason of substantial physical or mental disability, of rendering satisfactory jury service. A person claiming this disqualification may be required to submit a physician's certificate as to the disability and the certifying physician …