West Virginia 2019 Regular Session Status: Enacted 1 D cosponsors

SB 152 — Relating generally to criminal offense expungement

Last action — Chapter 71, Acts, Regular Session, 2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2019. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

11 added · 35 removed

Plain-language change summary

The amendments to Bill SB 152 primarily focus on the expungement process for criminal records. The changes allow individuals to directly petition for a final expungement order after eight years, simplifying the process compared to previous requirements. Additionally, the amendments clarify and specify which types of crimes are excluded from eligibility for expungement, particularly those involving violence or vulnerable victims. These changes matter because they create a clearer pathway for rehabilitation and reintegration into society for those seeking to clean their records, while still ensuring that serious offenses remain on the record for public safety.

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Latest
SB152 SFA #2 Trump 1-21 Smith  Senator Trump moved to amend the bill on page three, lines thirty-seven through fifty-four, by striking out all of subdivisions (1) through (10) and inserting in lieu thereof the following:
SB152 SFA #1 Trump 1-17 Smith    Senators Jeffries and Trump moved to amend the bill on page two, section twenty-six, line twenty-five by striking out the words “a preliminary order of”;
(1) Any felony offense of violence against the person as defined in subdivision (2), subsection (q) of this section or any misdemeanor offense involving the intentional infliction of physical injury to a minor or law-enforcement officer;
And, On page two, section twenty-six, after line thirty-three, by adding a new subdivision, designated subdivision (4), to read as follows:
(2) Any felony offense when the victim of the crime was a minor as defined in subdivision (3), subsection (q) of this section;
(4) Notwithstanding the provisions of subdivisions (1), (2), and (3) of this subsection, a person seeking expungement may directly petition for a final order of expungement if eight or more years have elapsed since the later occurring completion of incarceration or supervision.
(3) Any misdemeanor offense which violates the provisions of §61-8B-1 et seq.
of this code, where the victim was mentally or physically incapacitated or where the petitioner was 18 years of age or older and the victim was 12 years of age or younger at the time the offense occurred;
(4) Any offense where the petitioner used or exhibited a deadly weapon or dangerous instrument;
(5) Any violation of §61-2-28 of this code, or any offense which violates §61-2-9(b) or §61-2-9(c) of this code where the victim was a spouse, a person with whom the person seeking expungement had a child in common, or with whom the person seeking expungement ever cohabited prior to the offense or a violation of §61-2-28(c) of this code;
(6) Any violation of §61-2-29 of this code;
  (7) Any offense of driving under the influence of alcohol or a controlled substance;
(8) Any offense which violates §17B-4-3 of this code;
(9) Any offense which violates §61-8-12 or §61-8-19 of this code;
(10) Any offense which violates §17E-1-13(g) of this code;
and (11) Any offense of conspiracy to commit a felony set forth in subdivisions (1) through (8), inclusive,  of this subsection.
Adopted Rejected
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Action History

  1. Chapter 71, Acts, Regular Session, 2019

  2. Approved by Governor 3/25/19

  3. To Governor 3/20/19

  4. Approved by Governor 3/25/19 - House Journal

  5. Approved by Governor 3/25/19 - Senate Journal

  6. To Governor 3/20/19 - House Journal

  7. To Governor 3/20/19 - Senate Journal

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 521)

  11. House Message received

  12. Communicated to Senate

  13. Title amendment adopted (Voice vote)

  14. Passed House (Roll No. 586)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. With amendment, do pass

  23. To House Finance

  24. With amendment, do pass, but first to Finance

  25. To House Judiciary

  26. To Judiciary then Finance

  27. Introduced in House

  28. Ordered to House

  29. Passed Senate (Roll No. 17)

  30. Read 3rd time

  31. On 3rd reading

  32. Trump Floor amendment #2 adopted (Voice vote)

  33. Trump Floor amendments #1 adopted (Voice vote)

  34. Read 2nd time

  35. Laid over on 2nd reading 1/18/19

  36. On 2nd reading

  37. Read 1st time

  38. On 1st reading

  39. Committee substitute reported

  40. To Judiciary

  41. Introduced in Senate

  42. To Judiciary

  43. Filed for introduction

Sponsors

  • Stollings · Cosponsor
  • Baldwin · Cosponsor
  • Mike Woelfel · Cosponsor
  • Lindsay · Cosponsor
  • Jeffries · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 147 not signed on · 2 voted No

Sponsors (1)

  • Jeffries

Co-sponsors (4)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 97 Yea · 3 Nay
Party YeaNayPresentNot Voting
Republican 22200
Unaffiliated 70100
Democrat 5000
Total 97300
% of votes cast 97%3%0%0%
How each member voted (100)
Member Party Vote
Evans — Yea
Atkinson — Yea
Fast — Yea
Kessinger — Yea
Rowe — Yea
Foster — Yea
Brown, N. — Yea
Maynard — Yea
Brown, S. — Yea
Sypolt — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Hartman — Yea
Nelson — Yea
Tomblin — Yea
Walker — Yea
Phillips — Yea
Diserio — Yea
Bates — Yea
Boggs — Yea
Cadle — Yea
Canestraro — Yea
Caputo — Yea
Graves — Yea
Hanna — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Lavender-Bowe — Yea
Linville — Yea
Lovejoy — Yea
Mandt — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Porterfield — Yea
Pyles — Yea
Sponaugle — Yea
Storch — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Wilson — Yea
Jeffries, J. — Yea
Doyle — Yea
Espinosa — Yea
Malcolm — Nay
Rodighiero — Yea
Rowan — Yea
Angelucci — Yea
Bibby — Yea
Byrd — Yea
Capito — Yea
Cowles — Yea
Estep-Burton — Yea
Fleischauer — Yea
Hamrick — Yea
Hardy — Yea
Higginbotham — Yea
Kump — Yea
Longstreth — Yea
Miley — Yea
Robinson — Yea
Shott — Yea
Skaff — Yea
Staggers — Yea
Steele — Yea
Summers — Yea
Zukoff — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Nay
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 31100
Total 33100
% of votes cast 97%3%0%0%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
PALUMBO — Yea
TARR — Nay
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 152?
SB 152 is sponsored by Stollings, Baldwin, Mike Woelfel (Democrat), Lindsay, and Jeffries.
What is the current status of SB 152?
This bill has been enacted into law. Introduced January 10, 2019. Enacted.
Where can I track SB 152?
Track SB 152 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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