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HB 4098

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

2026 Regular Session Introduced by Eric Brooks and 9 co-sponsors

West Virginia bill restores jury service eligibility for individuals whose criminal records have been expunged, removing collateral consequences of cleared convictions.

To House Judiciary
#humanrights
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Bill Summary · HB 4098

Legislative bill overview

HB 4098 would restore jury service eligibility to individuals whose criminal records have been expunged in West Virginia. Currently, expungement may not fully restore certain civil rights, including the ability to serve on juries. This bill clarifies that expungement removes jury service disqualification.

Why is this important

Jury service is a fundamental civic right and duty. People with expunged records often face ongoing collateral consequences despite legal clearing of their convictions. Restoring jury eligibility after expungement aligns the legal system with the stated purpose of expungement—to give people a genuine fresh start—and increases the jury pool's diversity of lived experience.

Potential points of contention

  • Public safety concerns: Some may argue that people with expunged criminal histories shouldn't have access to sensitive jury information or verdict-making power, regardless of legal clearing
  • Jury selection complications: Defense and prosecution teams might object to not knowing expunged histories during voir dire, claiming it affects fair jury composition
  • Definition inconsistencies: The bill's scope depends on West Virginia's expungement law definition—unclear which crimes qualify or whether partial expungements count

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

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