This bill aims to amend West Virginia's expungement laws by removing the one-time limit on the expungement of certain criminal convictions, thereby allowing individuals to seek expungement multiple times under specified conditions. Additionally, it removes burglary and conspiracy to commit burglary from the list of offenses that are ineligible for expungement. The bill outlines the eligibility criteria for expungement, which includes misdemeanors and nonviolent felonies, and specifies the timeframes that must elapse after conviction or completion of a sentence before a petition can be filed.

Furthermore, the bill details the procedures for filing a petition for expungement, including the necessary content and documentation required, as well as the process for serving the petition to relevant parties. It establishes the burden of proof on the petitioner to demonstrate eligibility for expungement and outlines the court's responsibilities in processing the petition, including the potential for hearings and the sealing of records upon granting of the expungement. The bill also clarifies that certain offenses, such as those involving violence or specific victim categories, remain ineligible for expungement, while allowing for exceptions for unrelated offenses under certain conditions.

Statutes affected:
Introduced Version: 61-11-26