The bill amends West Virginia Code § 61-11-26a to clarify the criteria for expungement of certain criminal convictions, particularly for individuals who have completed approved substance use treatment or recovery programs. It allows individuals convicted of nonviolent felonies or multiple misdemeanors to petition for expungement after successfully completing a substance abuse treatment program for at least 90 days, graduating from an approved job readiness adult training course, or completing a drug court treatment program. The bill also specifies that graduation from drug court can be grounds for expungement and outlines the necessary documentation required for the petition.

Additionally, the bill waives the $100 processing fee for expungement petitions filed under these provisions and clarifies that the new section does not supersede existing laws regarding expungement. The changes include the insertion of new criteria for eligibility and the deletion of outdated language, ensuring that individuals who have made significant efforts towards rehabilitation can have their records expunged more easily.

Statutes affected:
Introduced Version: 61-11-26a
Committee Substitute: 61-11-26a, 61-11-26b
Engrossed Committee Substitute: 61-11-26a, 61-11-26b