This 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 provisions that allow individuals with a driving under the influence conviction, provided it is at least five years old, to seek expungement of unrelated and otherwise expungable felonies.

Additionally, the bill updates the language throughout the expungement process, including changes to the definitions of terms such as "confinement" and "seal," and clarifies the requirements for petitioning for expungement. It outlines the necessary content for petitions, the service of petitions, the burden of proof on the petitioner, and the court's procedures for handling expungement requests. The bill emphasizes that upon successful expungement, the proceedings will be treated as if they never occurred, with specific exceptions for certain employment positions that require disclosure of all convictions, regardless of expungement status.

Statutes affected:
Introduced Version: 61-11-26