West Virginia: Juvenile Court Records and Law Enforcement Records (WV-AR-4)

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. Code § 49-5-104(a).

Record Detail(s)

All charges

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to §49-4-710(d)(1) of this code may not be marked and kept as confidential.

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred. W. Va. Code § 49-5-104(a).

Waiting Periods

There is a 1-year waiting period.

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