WeVote
Log In

Bill

Bill

SB 35

Limiting liability of employers for persons whose criminal records are expunged

2026 Regular Session

SB 35 shields employers from liability for hiring individuals with expunged criminal records, potentially undermining the rehabilitative intent of expungement laws.

0
WeVote Research Nonpartisan
Bill Summary · SB 35

Legislative bill overview

SB 35 would shield employers from legal liability when they hire or employ individuals whose criminal records have been legally expunged. The bill essentially protects companies from lawsuits by job applicants or employees who claim they were treated unfairly based on expunged criminal histories. This creates a legal "safe harbor" for employers who may not even know about, or who disregard, expunged convictions.

Why is this important

Criminal record expungement is meant to give people a genuine "fresh start" by legally sealing convictions from public view. However, if employers face liability risks for ignoring expungement orders, it could incentivize them to continue checking for and using expunged records anyway. This bill directly affects hundreds of thousands of West Virginians with expunged records seeking employment, as well as the practical effectiveness of expungement laws statewide.

Potential points of contention

  • Equity vs. employer burden: Expungement advocates argue this eliminates the purpose of "clean slate" laws, while business groups contend employers shouldn't face litigation for hiring decisions based on information they legitimately couldn't or shouldn't access
  • Public safety concerns: Some argue removing liability creates insufficient incentive for background check thoroughness in sensitive positions (healthcare, education, childcare), while supporters counter that expunged records are legally nonexistent and shouldn't factor in hiring
  • Scope ambiguity: Unclear whether liability protection applies only when employers are unaware of expunged records or also when they knowingly ignore court orders—a critical distinction affecting enforceability

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.