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WV SB56

WV SB56
Relating to distribution of fees collected for criminal conviction expungement


summary

Introduced
01/09/2019
In Committee
01/09/2019
Crossed Over
Passed
Dead
03/09/2019

Introduced Session

2019 Regular Session

Bill Summary

Relating to distribution of fees collected for criminal conviction expungement

AI Summary

This bill amends the existing law on the expungement of certain criminal convictions in West Virginia. The key provisions are: 1. It specifies that individuals convicted of a misdemeanor offense while between the ages of 18 and 26 can petition the circuit court to have the conviction and associated records expunged, provided certain requirements are met, such as having no other prior or subsequent convictions beyond minor traffic violations. 2. It outlines the detailed information that must be included in the expungement petition, and the process for serving the petition on various law enforcement agencies and the prosecutor's office. 3. It establishes the burden of proof on the petitioner to demonstrate by clear and convincing evidence that they are eligible for expungement and that it is in the public interest. 4. It specifies certain offenses, such as those involving serious physical injury or the use of a deadly weapon, that are ineligible for expungement. 5. It details the court's procedural steps in reviewing and ruling on the expungement petition. 6. It mandates the distribution of the expungement fees, with specific allocations to the West Virginia State Police, the Fund for Civil Legal Services for Low Income Persons, the Courthouse Facilities Improvement Fund, and the Domestic Violence Legal Services Fund.

Committee Categories

Justice

Sponsors (1)

Last Action

To Judiciary (on 01/09/2019)

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