Criminal Justice (Law Enforcement)

This bill modifies the rules for expunged criminal records in West Virginia, specifically allowing law enforcement agencies to consider those records when deciding whether to issue a license or permit to carry a pistol or revolver. Under current law, individuals with expunged records can generally state they have never been convicted, but this change creates an exception for firearm licensing applications. The amendment adds law enforcement agencies reviewing firearm permit requests to the list of entities that may access expunged records, while maintaining restrictions on disclosure for other purposes. This policy change directly affects individuals seeking to carry firearms who have previously had their criminal records expunged.

HB 8081 would require law enforcement agencies to consider expunged criminal records when reviewing applications for pistol or revolver licenses. This directly affects individuals who have had criminal records expunged (legally erased from public records) but are applying for firearm permits. The key provision changes how agencies use expunged records during background checks for firearm licenses, meaning these records would no longer be fully hidden from the licensing process. The bill does not alter expungement eligibility or the expungement process itself, only the use of expunged records in firearm permit decisions.

Makes it a felony for any person to remove or attempt to remove any firearm or other weapon or any communication device from any peace officer or investigator of the department of attorney general.

SB 2302 makes it a minor criminal offense (misdemeanor) to knowingly file a false complaint about misconduct involving law enforcement, public safety personnel, or hospital staff. The bill specifically targets individuals who falsely report misconduct to authorities with the intent of causing harm, such as falsely accusing an officer of wrongdoing. Penalties include up to one year in jail, a $500 fine, and mandatory compensation to the falsely accused person for damages. This bill directly affects anyone who files such false reports, aiming to prevent misuse of complaint systems. The bill was introduced in the Senate Judiciary Committee on January 23, 2026, and is pending further action.