The bill introduced on January 14, 2026, aims to amend the Code of West Virginia by adding a new section, 61-11-28, which establishes a procedure for individuals to petition for the restriction of public access to their criminal history records. This provision allows individuals who have been charged and convicted of a criminal offense to seek this restriction if they have received a full and unconditional pardon from the Governor, have not been convicted of any other offenses since the pardon (excluding nonserious traffic offenses), and have no pending criminal charges. The petition must be served to the prosecuting attorney and published as a legal advertisement, and the circuit court is required to hold a hearing within 90 days to determine if the restriction is warranted based on the balance of harm to the petitioner versus public interest.

Additionally, the bill specifies that individuals who were cited for a criminal offense but not arrested, and whose charges were subsequently dismissed or reduced, may also petition for record restriction under similar conditions. However, individuals convicted of certain serious offenses, including violent felonies and specific drug-related crimes, are ineligible for this restriction. The bill also outlines that restricted criminal history records will still be accessible for various legal and law enforcement purposes, ensuring that while individuals may have their records restricted from public access, they remain available for judicial and investigative needs.

Statutes affected:
Introduced Version: 61-11-28