Overview Description

Records relating to a case that is dismissed pursuant to 60A-4-407 can be expunged by the court six months after probation completion. W. Va. Code § 60A-4-407(b).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Upon successful completion of the terms of a conditional discharge pursuant to section 60A-4-407, the court shall discharge the person and dismiss the proceedings without adjudication of guilt. Thereafter, an application to expunge the record must be submitted to the court. For the specific procedure, see W. Va. Code § 60A-4-407.

Fees

There is no statutory language regarding fees.

Effect

Discharge and dismissal under this section is not a conviction and the effect of the discharge and dismissal is to restore the person to the status he or she occupied prior to the arrest and trial. The person whose offense was dismissed cannot be found guilty of perjury for failing to disclose or acknowledge his or her arrest in response to any inquiry made for any purpose. W. Va. Code § 60A-4-407(a).

Waiting Periods

The petition can be filed six months after probation is completed.

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