SB 105
Restricting public access to crime records
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill establishes a process for certain 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 a crime since the pardon, and not have any pending criminal charges. The court will consider whether the potential harm to the petitioner outweighs the public’s interest in accessing the records, and if granted, will restrict access to relevant documents. Certain offenses, including violent crimes and drug offenses involving violence, are excluded from this process.
Key provisions
- Individuals convicted of crimes can petition the court for restricted access to their criminal history records.
- Eligibility requires 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 filing.
- The court will determine if the harm to the petitioner outweighs the public interest.
- The court will restrict access to relevant documents within 60 days of the order.
- Certain offenses, such as violent crimes and drug offenses involving violence, are not eligible for restriction.
- Criminal history records restricted under this bill remain available for specific purposes, including sentencing, judicial investigations, and law enforcement.
- Petitioners must publish a notice of the hearing in a legal advertisement.
Who is affected
- Individuals convicted of crimes in West Virginia
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours