Expunging or Sealing a Felony in West Virginia

A person convicted of a nonviolent felony (or felonies from the same transaction) may petition five years after the latest of conviction, release from incarceration, or end of supervision. Excluded: felony crimes of violence against the person, felonies with a minor victim, sex offenses, offenses involving a deadly weapon, burglary of a dwelling, DUI, offenses the judge found sexually motivated, and other listed offenses. The court must also find that the felony did not involve violence or potential violence. People who completed an approved substance-abuse treatment program, or a job-readiness training course approved by the state Department of Education, may petition sooner: three years for a nonviolent felony.

File a petition, verified under oath, in the circuit court where the conviction happened. It must include all names used, all addresses since the offense, date of birth and Social Security number, case details, the offenses, any victims and protective orders, the sentence, the reasons for expungement, and evidence of rehabilitation. Serve it on the State Police Superintendent, the county prosecutor, the arresting agency, any prison where the person was held, and the court that handled the charge. The prosecutor notifies victims. Anyone opposing has 30 days to file a notice of opposition, and the petitioner has 30 days to reply. Within 60 days of filing, the court grants the petition, returns it for corrections, sets a hearing, or denies it.

After expungement, the proceedings are legally considered never to have occurred, and the court and agencies answer that no record exists. The person does not have to disclose the record on job, credit or other applications. The exception is applicants for law enforcement, prosecution or corrections jobs, who must disclose all convictions. Employers required by state or federal law to run criminal background checks may learn of expunged convictions. Sealed court records can be inspected only on the person's motion or a prosecutor's petition for a criminal investigation or prosecution.