Overview Description

Records relating to multiple misdemeanor convictions can be expunged by the court after two years. W. Va. Code §61-11-26.

Ineligible Category or Citation

W. Va. Code §61-11-26(c).

Procedure General

The petition must be filed in the court of conviction, with service on relevant law enforcement agencies and prosecutors. For the specific procedure, see W. Va. Code §61-11-26.

Fees

The petitioner must pay the $200 filing fee set by §59-1-11(a)(1), as well as an additional fee of $100. W.Va. Code §61-11-26(n).

Effect

The court orders the sealing of records in the custody of the court and expungement of records in the custody of any other agency or official, including law-enforcement records. W. Va. Code §61-11-26(k).

The person need not disclose the conviction unless applying for employment in law enforcement. In addition, anyone required by law to conduct a criminal history check may have knowledge of the expunged record, and a prosecutor may inspect the record, upon motion, if necessary to investigate or prosecute a crime. W. Va. Code §61-11-26(l), (m).

Waiting Periods

The petition can be filed two years after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is latest. W. Va. Code §61-11-26(b)(3).

(non-prod server)