HB 4098 West Virginia House of Delegates · 2026 Regular Session

To restore the right of a person to sit on a jury has been restored upon expungement of one’s record

HB 4098 amends West Virginia law to restore jury service eligibility for individuals with expunged felony convictions. It specifically updates the disqualification rule (§52-1-8(b)(6)) to clarify that people whose felony convictions have been legally expunged are no longer disqualified from serving on juries, provided they meet other standard requirements like citizenship and residency. This directly affects West Virginians who have completed the expungement process for felony offenses, allowing them to serve on juries without restriction. The change removes a barrier to civic participation for this group while maintaining existing disqualification criteria for unexpunged convictions.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Feb 2026
House of Delegates Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 14, 2026 Last action Feb 16, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Committee Substitute Engrossed Committee Substitute · 2 edits · Feb 13, 2026
MINOR
The bill clarifies that individuals disqualified from jury service due to a felony conviction are no longer barred if their conviction has been expunged, set aside, or if they have received an unconditional pardon. This change ensures that people with a clean legal record after rehabilitation can serve on juries, aligning eligibility requirements with principles of restorative justice.
Scope change
The scope of jury eligibility was expanded to include individuals who previously had disqualifying criminal convictions but have since been legally cleared of those offenses.
ELIGIBILITY

The disqualification rule for convicted felons was updated to explicitly exclude those whose convictions were expunged, set aside, or who received an unconditional pardon, allowing them to serve on juries.

TECHNICAL

Minor formatting adjustments were made to the text of the statute, including removing a comma in the opening sentence of subsection (a) and adjusting punctuation in subsection (6).

Floor votes · House of Delegates Feb 13, 2026

How they voted

873
Passed · 9 other
Total votes 99
Feb 13, 2026
D Democratic9
7 Yea 2 Nay
77% Yea
R Republican90
80 Yea 1 Nay 9
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
2
Committee
6
Feb 16, 2026
Committee
To Judiciary
upper
Feb 16, 2026
Introduced
Introduced in Senate
upper
Feb 13, 2026
Lower · Passed
Passed House (Roll No. 85)
lower
Feb 10, 2026
Lower · Passed
By substitute, do pass
lower
Feb 5, 2026
Committee
To House Judiciary
lower
Feb 4, 2026
Committee
To House Courts
lower
Jan 14, 2026
Committee
To House Judiciary
lower
Jan 14, 2026
Introduced
Introduced in House
lower
Jan 14, 2026
Committee
To Judiciary
lower
1 primary · 9 co-sponsors

Sponsors