Records relating to one misdemeanor conviction can be expunged by the court after one year. W. Va. Code §61-11-26.
Ineligible Category or Citation
W. Va. Code §61-11-26(c).
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.
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).
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).
The petition can be filed one year 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).