West Virginia: Juvenile Court Records and Law Enforcement Records (WV-AR-1)

Records relating to a juvenile delinquency proceeding will be sealed one year after the juvenile's 18th birthday or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. W. Va. Rules of Juv. Proc., Rule 50(a). W. Va. Code § 49-5-101(a).

Record Detail(s)

All charges

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

Upon order to seal, the records of a juvenile proceeding, including but not limited to law enforcement files and records, will be kept in a separate secure confidential place and the records can only be inspected by order of the circuit court. W. Va. Code Ann. § 49-5-104(a). When the record of a juvenile proceeding is sealed by the court, it has the legal effect of extinguishing the offense as if it never occurred. W. Va. Rules of Juv. Proc., Rule 50(c).

Waiting Periods

The record should be sealed one year after the juvenile's 18th birthday or one year after jurisdiction is terminated, whichever is later. W. Va. Code Ann. § 49-5-104(a); W. Va. Rules of Juv. Proc., Rule 50(a).

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