SB 691
Restricting access to crime records
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill creates a process for individuals convicted of crimes in West Virginia to petition a circuit court to restrict public access to their criminal history records. To be eligible, petitioners must have received a full and unconditional pardon, not have been convicted of any crimes since the pardon, and not have any pending criminal charges. Certain offenses, such as violent crimes against persons or controlled substance offenses involving violence, are excluded from this process.
Key provisions
- Allows convicted individuals to petition for restrictions on their criminal history records.
- Eligibility requirements include a full and unconditional pardon, no subsequent convictions, and no pending charges.
- The circuit court must hold a hearing within 90 days of the petition and make a determination based on evidence.
- The court can order restrictions on access to records if the harm to the petitioner outweighs the public interest.
- Dismissed or reduced charges to violations are also eligible for petitioning.
- Certain felony crimes, including violent crimes against persons, are excluded from eligibility.
- Restricted records remain accessible for specific purposes like sentencing, legal proceedings, and law enforcement.
- Requires publication of a notice of the petition in a legal advertisement.
Who is affected
- Convicted criminals in West Virginia
- Individuals with pardons
- Circuit court judges
- Prosecuting attorneys
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