Overview Description

Records relating to a juvenile proceeding transferred to criminal jurisdiction shall be sealed if the juvenile is subsequently acquitted of the offense, found guilty only of an offense other than the offense upon which the transfer or waiver was based, or the offense upon which the transfer or waiver was based was subsequently dismissed. W. Va. Rules of Juv. Proc., Rule 50(b).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

When the record of a juvenile proceeding is sealed by the court, it has the legal effect of extinguishing the offense as if it never occurred. Once the record of a juvenile is sealed, it can only be opened by order of the circuit court. W. Va. Rules of Juv. Proc., Rule 50(c).

To seal juvenile records, the records must be returned to the circuit clerk to be kept in a confidential and sealed file, marked as sealed, and stored in a secure location accessible only by clerk staff. W. Va. Rules of Juv. Proc., Rule 50(d).

Waiting Periods

The record should be sealed immediately upon acquittal of the offense, finding of guilt only of an offense other than the offense upon which the transfer or waiver was based, or upon dismissal of the offense upon which the transfer or waiver was based. W. Va. Rules of Juv. Proc., Rule 50(b); W. Va. Code Ann. § 49-5-104(b).

(non-prod server)