West Virginia: Adult Convictions (WV-C-3)

Records relating to a non-violent felony conviction can be expunged by the court after five years. W. Va. Code §61-11-26.

Record Detail(s)

Felony

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See W. Va. Code §61-11-26(c) for 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

The petitioner must pay the $200 filing fee set by §59-1-11(a)(1), as well as an additional fee of $100. W.Va. Code §61-11-26(n).

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(k). The person need not disclose the conviction unless applying for employment in law enforcement. In addition, anyone required by law to conduct a criminal history check may have knowledge of the expunged record, and a prosecutor may inspect the record, upon motion, if necessary to investigate or prosecute a crime. W. Va. Code §61-11-26(l), (m).

Waiting Periods

The petition can be filed five years after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is latest. W. Va. Code §61-11-26(b)(3).

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