West Virginia: Juvenile Court Records and Law Enforcement Records (WV-AR-3)

Records relating to a juvenile delinquency can be expunged upon a finding that the individual's participation in the offense was a direct result of being a victim of trafficking. W. Va. Code § 61-14-9(a).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

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.

Fees

There is no statutory language regarding fees.

Effect

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.

Waiting Periods

There is no waiting period.

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