Bill > SB105

This bill establishes a procedure for restricting public access to certain criminal history records in West Virginia. Individuals convicted of a crime can petition a circuit court to seal their records if they have received a full and unconditional pardon, have not committed any new offenses (except minor traffic violations) since the pardon, and have no pending criminal charges. The petition requires serving the prosecuting attorney and publishing a legal notice. The court will hold a hearing and can grant the restriction if the harm to the individual clearly outweighs the public's interest in accessing the records. Additionally, individuals charged with an offense but not arrested, where the charge was later dismissed or reduced to a local ordinance violation, can also petition the court to restrict access to their records under similar conditions. However, this restriction is not available for those convicted of serious violent crimes, crimes against animals, or certain felony drug or firearm offenses, or offenses where the victim was a minor. Even when restricted, these records will remain accessible for specific purposes, including sentencing, by the Judicial Vacancy Advisory Commission, by attorneys for criminal proceedings, by prosecutors and public defenders, by court order, by law enforcement for investigations, and by the West Virginia Supreme Court and Board of Law Examiners for legal practice applications.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=105&year=2026&sessiontype=RS&btype=bill