West Virginia: Adult Diversion/Deferral Program (WV-D-1)

Records relating to a case that is dismissed pursuant to section 60-6-26 can be expunged by the court six months after probation is completed. W. Va. Code § 60-6-26(e).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Upon successful completion of the terms of a conditional discharge pursuant to section 60-6-26, the court must discharge the person and dismiss the proceedings without adjudication of guilt. Thereafter, an application to expunge the record can be submitted to the court. For the specific procedure, see W. Va. Code § 60-6-26.

Fees

There is no statutory language regarding fees.

Effect

Discharge and dismissal under this section is not a conviction, and the discharge and dismissal restores the person to the status he or she occupied prior to the arrest and trial. The person whose offense was dismissed cannot be found guilty of perjury for failing to disclose or acknowledge his or her arrest in response to any inquiry. W. Va. Code § 60-6-26(c).

Waiting Periods

The petition can be filed six months after probation is completed.

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