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West Virginia Bill 5380 lifts lifetime limits on expunging criminal convictions

Original title: Removing the one-time limit on the expungement of certain criminal convictions

Last action · February 9, 2026: To House JudiciarySponsors: Mike Pushkin and 1 other

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

House Bill 5380 removes the lifetime restriction that limits individuals to a single criminal record in West Virginia, while also removing burglary and conspiracy to commit burglary from the list of offenses ineligible for expungement.

Why it matters

Residents with multiple eligible misdemeanor or non-violent felony convictions gain the legal opportunity to clear more than one criminal record, which can affect future employment, housing, and background check results across the state.

Background
  • Under prior West Virginia law, individuals were generally restricted to obtaining only a single criminal record expungement during their lifetime. context
  • House Bill 5380 was introduced during the 2026 regular legislative session and referred to the House Committee on the Judiciary. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals with criminal convictions

Eligible individuals gain the ability to petition for the expungement of more than one set of criminal records over their lifetime.

Directly affected

West Virginia State Police

The agency receives service of expungement petitions, processes orders, and collects $100 processing fees for its criminal history account.

Indirectly affected

Employers and licensing boards

Expunged records are legally treated as never having occurred, though certain employers required by law to conduct background checks retain access to them.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Does this bill allow everyone to expunge all past criminal records?
No. Violent crimes, sex offenses, offenses against minors, DUIs, and domestic battery remain strictly excluded from eligibility.
What fees are required to file for expungement?
Petitioners must pay a standard civil filing fee to the circuit court clerk and a $100 processing fee to the West Virginia State Police Records Division.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

4 actions
  1. Feb 9, 2026HouseCommittee
    To House Judiciary
  2. Feb 9, 2026HouseIntroduced
    Introduced in House
  3. Feb 9, 2026HouseCommittee
    To Judiciary
  4. Feb 9, 2026HouseIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Elimination of Lifetime Expungement Caps

The bill reverses previous West Virginia statutory limitations that restricted individuals to a single expungement order in their lifetime.

Connected Entities

Mike Pushkin, West Virginia State Police, West Virginia and 2 more
PersonMike Pushkin“Delegate who introduced House Bill 5380.”Map →
OrganizationWest Virginia State Police“Receives expungement orders and $100 processing fees.”Map →
locationWest Virginia“The jurisdiction where the law applies.”Map →
OrganizationWest Virginia Legislature“The state legislature considering the bill.”Map →
PersonHollis Lewis“Delegate who cosponsored House Bill 5380.”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy45
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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