West Virginia legislation · 2026 Regular Session
West Virginia HB5380: Removing the one-time limit on the expungement of certain criminal convictions
Status: Introduced, February 9, 2026
What the bill says
To amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the removal of limitations on the expungement of certain criminal convictions. ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES. §61-11-26. Expungement of certain criminal convictions; procedures; effect. (a) Eligibility for expungement. -- (1) Misdemeanors. -- Subject to the limitations set forth in this section, a person convicted of a misdemeanor offense or offenses may, pursuant to the provisions of this section, petition the circuit court in which the conviction or convictions occurred for ex.
From the introduced text, February 9, 2026:
A BILL to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the removal of limitations on the expungement of certain criminal convictions. ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES. §61-11-26. Expungement of certain criminal convictions; procedures; effect. (a) Eligibility for expungement. -- (1) Misdemeanors. -- Subject to the limitations set forth in this section, a person convicted of a misdemeanor offense or offenses may, pursuant to the provisions of this section, petition the circuit court in which the conviction or convictions occurred for expungement of the conviction or convictions and the records associated with the conviction or convictions. (2) Nonviolent felonies. -- Subject to the limitations set forth in this section, a person convicted of a nonviolent felony offense or offenses arising from the same transaction or series of transactions may, pursuant to the provisions of this section, petition the circuit court in which the conviction or convictions occurred for expungement of the conviction or convictions and the records associated with the conviction or convictions. (b) Temporal requirements. -- (1) Misdemeanor. -- A person is not eligible for expungement pursuant to subdivision (1), subsection (a) of this section until one year after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is later in time. (2) More than …