West Virginia: Adult Non-Conviction Arrests (WV-NC-1)

Fingerprints and photographs taken in response to an arrest or detention for which the petitioner is later acquitted can be returned upon request, so long as the petitioner has no prior criminal record. W. Va. Code § 15-2-24(h).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

No statutory language

Hearing

Not applicable

Clearance Process

Petition-based

Remedy

Return

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Proof of acquittal must be submitted to the Department of Public Safety. W. Va. Code § 15-2-24(h).

Fees

There is no statutory language regarding fees.

Effect

Fingerprints and photographs returned to the person. W. Va. Code § 15-2-24(h).

Waiting Periods

There is no statutory language regarding a waiting period.

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