HB 5380
Removing the one-time limit on the expungement of certain criminal convictions
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill removes a previous limit on how many times a person can petition to have certain misdemeanor and nonviolent felony convictions expunged from their record in West Virginia. It expands eligibility to include more offenses, such as certain felonies involving minors as victims, and removes specific crimes from the list of offenses ineligible for expungement. The bill also outlines procedures for petitioning, sealing records, and disclosing information related to expunged convictions.
Key provisions
- Expungement eligibility is no longer limited to a single petition for certain misdemeanors and nonviolent felonies.
- The bill removes burglary and conspiracy to commit burglary from the list of offenses ineligible for expungement.
- Eligibility for expungement of misdemeanors requires a waiting period of one year after conviction, completion of incarceration, or supervision.
- Eligibility for expungement of nonviolent felonies requires a waiting period of five years after conviction, completion of incarceration, or supervision.
- The petition for expungement must include detailed information about the petitioner and the conviction.
- The court must notify certain agencies, including the State Police and prosecuting attorneys, about the petition.
- The court must seal records and expunge records from other agencies if the petition is granted.
- Exceptions exist for certain offenses, including crimes of violence against persons and offenses involving victims who were minors.
Who is affected
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