§5-1-16a. Expungement of criminal record upon full and unconditional pardon


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
WEST VIRGINIA CODE











‹ Back



 |   Print







WVC 5 - 1 - 16 A

§5-1-16a. Expungement of criminal record upon full and

unconditional pardon.

(a) Any person who has received a full and unconditional

pardon from the Governor, pursuant to the provisions of section

eleven, article VII of the Constitution of West Virginia and

section sixteen of this article, may petition the circuit court in

the county where the conviction was had to have the record of such

conviction expunged. The petition shall be served upon the

prosecuting attorney of the county where the petition was filed.

Any person petitioning the court for an order of expungement shall

publish a notice of the time and place that such petition will be

made, which notice shall be published as a Class I legal

advertisement in compliance with the provisions of article three,

chapter fifty-nine of this code and the publication area for such

publication shall be the county where the petition is filed. The

circuit court, upon verification of the act of pardon and after a

hearing to determine that good cause exists, may enter an order

directing that all public record of the petitioner's conviction be

expunged. For the purposes of this section, "public record" or

"record" does not include the records of the Governor, the

Legislature or the Secretary of State that pertain to a grant of

pardon. Such records that pertain to a grant of pardon are not

subject to an order of expungement. The amendment to this section

during the fourth extraordinary session of the Legislature in the

year 2009 is not for the purpose of changing existing law, but is intended to clarify the intent of the Legislature as to existing

law regarding expungement.

(b) The record expunged pursuant to the provisions of this

section may not be considered in an application to any educational

institution in this state or an application for any licensure

required by any professional organization in this state.

(c) No person shall be eligible for expungement pursuant to

this section until one year after having been pardoned.

(d) No person shall be eligible for expungement pursuant to

this section until five years after the discharge of his or her

sentence upon the conviction for which he or she was pardoned.

(e) No person shall be eligible for expungement of a record of

conviction of first degree murder, as defined in section one,

article two, chapter sixty-one of this code; treason, as defined in

section one, article one of said chapter; kidnapping, as defined in

section fourteen-a, article two of said chapter; or any felony

defined in article eight-b of said chapter.


Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.