West Virginia: Adult Non-Conviction Arrests (WV-NC-2)

Records relating to an arrest or charge resulting in acquittal or dismissal can be expunged by the court 60 days after the order of acquittal or dismissal, so long as petitioner has no prior criminal record. W. Va. Code § 61-11-25(a), (b).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

A person with a prior felony conviction is ineligible to petition for expungement under this section. This section does not apply if charges were dismissed in exchange for a guilty plea to another offense. W. Va. Code § 61-11-25(a), (b).

Procedure General

The petition must be filed in the circuit court in which the charges were filed. W. Va. Code § 61-11-25(a). For the specific procedure, see W. Va. Code § 61-11-25.

Fees

There are no filing fee or costs. W. Va. Code § 61-11-25.

Effect

The proceedings are deemed never to have occurred. The court and other agencies shall reply that no record exists in the matter. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. W. Va. Code § 61-11-25(e). Inspection of the court records can be permitted upon motion. W. Va. § 61-11-25(f).

Waiting Periods

The petition can be filed 60 days after acquittal or dismissal.

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