Overview Description

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).

Procedure General

The petition must be filed in the circuit court in which the conviction occurred. W. Va. Code § 61-11-26(a). For the specific procedure, see W. Va. Code § 61-11-26.

Fees

The clerk of the circuit court shall charge the same fee as is charged for instituting a civil action pursuant to section 59-1-11(a)(1). W. Va. Code § 61-11-26(a).

Effect

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).

Inspection of the court records can be permitted upon motion. W. Va. Code § 61-11-26(l).

Forms

http://www.courtswv.gov/lower-courts/expungement/SCA-C900.pdf

Waiting Periods

The petition can be filed one year after sentence completion.

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