Legal Question in Criminal Law in West Virginia

Re: expunging

Unfortunately, if you were convicted, you probably cannot have the records "expunged" although you may be able to obtain some relief. In a case very similar to your situation, the West Virginia Supreme Court of Appeals held that, absent extraordinary circumstances, circuit courts do not have the authority to order expungement of criminal records of CONVICTION maintained by the West Virginia State Police CIB.

That case, STATE of West Virginia ex rel., BARRICK v. STONE, 499 S.E.2d 298, 201 W.Va. 569 (1997), also involved a shoplifting incident by a young college student. The student later sought expungement of his conviction and the circuit court granted his request. The State Police then asked the State Supreme Court to overrule the lower court. The Supreme Court agreed with the State Police and held that the circuit court judge had no authority to order expungement of conviction records by the state police.

The Supreme Court did leave open the question as to whether a circuit court could declare a conviction null and void for purposes of West Virginia state licensing agencies (for many professions and occupations you must have a license from the state). The Supreme Court did not say whether a circuit court can order a licensing board to ignore a conviction but that particular question was not before the court. Note also, that a West Virginia court order of that type would have no effect outside West Virginia.

On the other hand, if your shoplifting incident did not result in a conviction (i.e. it was dismissed or you were acquitted), you may by statute, petition the circuit court (in the county where the incident took place) to have the records of the arrest and court proceedings expunged. See W.Va. Code � 61-11-25.