Records relating to an arrest or charge resulting in acquittal or dismissal can be expunged by the court 60 days after the order of acquittal or dismissal, so long as petitioner has no prior criminal record. W. Va. Code § 61-11-25(a), (b).
Ineligible Category or Citation
A person with a prior felony conviction is ineligible to petition for expungement under this section. W. Va. Code § 61-11-25(a). This section does not apply if charges were dismissed in exchange for a guilty plea to another offense. W. Va. Code § 61-11-25(a).
The proceedings are deemed never to have occurred. The court and other agencies shall reply that no record exists in the matter. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. W. Va. Code § 61-11-25(e).