West Virginia: Adult Diversion/Deferral Program (WV-D-3)

Records relating to single misdemeanor conviction can be expunged by the court upon successful compliance with an approved substance abuse treatment and recovery and counseling program for 90 days or upon completion of an approved job readiness adult training course, or both. W. Va. Code § 61-11-26a.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

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

The fee of $100 to the records division of the West Virginia State Police for the cost of processing the order of expungement required in §61-11-26(n) of this code is waived for petitions of expungement filed pursuant to the provisions of this section.

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 a 90-day waiting period.

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