Overview Description

Records relating to multiple misdemeanor convictions can be expunged by the court after one year. W. Va. Code § 61-11-26a (a)(2).

Records relating to nonviolent felony convictions can be expunged by the court after three years. W. Va. Code § 61-11-26a(a)(3).

There is no statutory language regarding ineligible offenses.

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 fee of $100 to the records division of the West Virginia State Police for the cost of processing the order of expungement required in §61-11-26(n) of this code is waived for petitions of expungement filed pursuant to the provisions of this section.

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.