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 expungement for convictions related to burglary and conspiracy to commit burglary. The bill also updates the language concerning the eligibility criteria for expungement, including the removal of specific offenses from the list of ineligible crimes, such as the deletion of a provision regarding violations of 61-3-11 involving a structure regularly used as a dwelling.

Additionally, the bill modifies the definitions and procedures related to expungement, including the burden of proof required for petitioners and the process for filing and serving petitions. It clarifies that a conviction for driving under the influence will not prevent the expungement of an unrelated felony if the DUI conviction is at least five years old. The bill also outlines the necessary content for expungement petitions and the process for sealing records if expungement is granted, ensuring that the proceedings are treated as if they never occurred, with certain exceptions for law enforcement positions.

Statutes affected:
Introduced Version: 61-11-26