Overview Description

Records relating to an offense for which the petitioner received a full and unconditional pardon from the governor can be expunged by the court no sooner than five years after sentence completion and one year after receipt of the pardon. W. Va. Code §§ 5-1-16a(a), (c), (d).

Ineligible Category or Citation

Offenses not eligible for expungement, even upon receipt of a pardon, are listed in W. Va. Code § 5-1-16a(e).

Procedure General

The petition must be filed in the circuit court in the county in which the conviction occurred. W. Va. Code § 5-1-16a(a). For the specific procedure, see W. Va. § 5-1-16a.

Fees

There is no statutory language regarding fees.

Effect

Records expunged pursuant to this section cannot be considered in application to any educational institution in the state or an application for an occupational license in the state. W. Va. Code § 5-1-16a(b).

Waiting Periods

The petition can be filed one year after receipt of pardon, so long as five years have passed since sentence completion.

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