Records relating to a misdemeanor conviction or convictions arising from the same transaction committed while the petitioner was between the ages of 18 and 26 can be expunged by the court one year after sentence completion, so long as the petitioner meets specified criteria. W. Va. Code § 61-11-26(a), (b).
Ineligible Category or Citation
Offenses not eligible for expungement are listed in W. Va. Code § 61-11-26(i).
Upon expungement, the proceedings in the matter are deemed never to have occurred. The court and other agencies reply to any inquiry that no record exists. The person whose record was expunged need not disclose the fact of the record on an application for employment, credit, or other application. W. Va. Code § 61-11-26(k).
If the court grants the petition, it must order the sealing of all records in the court's custody and expungement of all records in the custody of any other agency. W. Va. Code § 61-11-26(j).