SB 35 West Virginia Senate · 2026 Regular Session

Limiting liability of employers for persons whose criminal records are expunged

This bill (SB 35) limits employer liability when an employee's criminal record for drug addiction-related offenses or diseases is expunged. It requires the state to create a database tracking these expungements and mandates courts to check this database in cases involving such employees. Employers are not required to provide health insurance or cover health care costs related to drug addiction or addiction-related diseases if the employee's record was expunged. The law specifically applies to employees participating in "return to work initiatives" for recovering addicts and does not affect employers' obligations for non-addiction-related issues.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2026 Last action Jan 14, 2026
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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
1
Jan 14, 2026
Introduced
Introduced in Senate
upper
Jan 14, 2026
Committee
To Judiciary
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Eric Tarr
Eric Tarr
RRepublican
WV
4