The bill aims to amend West Virginia's Code regarding the expungement of certain criminal convictions by removing the one-time limit on eligibility for expungement. It specifically eliminates the restrictions on expunging convictions for burglary and conspiracy to commit burglary, thereby broadening the scope of offenses eligible for expungement. The bill also introduces new language that clarifies the definitions of various terms related to expungement, such as "court record," "expungement," and "nonviolent felony," while maintaining existing eligibility criteria for expungement based on the nature of the offenses and the time elapsed since conviction.

Additionally, the bill modifies the procedural aspects of filing for expungement, including the requirements for the content of the petition and the service of the petition to relevant parties. It emphasizes the burden of proof on the petitioner to demonstrate eligibility for expungement and outlines the court's responsibilities in processing these petitions. The changes aim to streamline the expungement process while ensuring that certain serious offenses remain ineligible for expungement, thus balancing the interests of rehabilitation with public safety.

Statutes affected:
Introduced Version: 61-11-26