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WV SB691

Bill

Status

Introduced

3/4/2025

Primary Sponsor

Joey Garcia

Click for details

Origin

Senate

2025 Regular Session

AI Summary

  • Allows individuals convicted of criminal offenses in West Virginia to petition circuit court to restrict public access to their criminal history records if they have received a full unconditional pardon from the Governor, have no subsequent convictions (except minor traffic offenses), and have no pending criminal charges

  • Permits individuals who were cited but not arrested for offenses that were later dismissed or reduced to local ordinance violations to petition for restricted access to those records

  • Requires petitioners to serve notice on the county prosecuting attorney and publish a Class I legal advertisement; courts must hold hearings within 90 days and grant restrictions if harm to petitioner clearly outweighs public interest

  • Excludes eligibility for record restriction for convictions involving felony crimes of violence against persons or animals, felony controlled substance offenses with violence, felony firearm offenses, or felony offenses with minor child victims

  • Maintains access to restricted records for sentencing purposes, criminal justice agencies, prosecutors, public defenders, the Judicial Vacancy Advisory Commission, attorneys with sworn affidavits for criminal proceedings, court orders, and the Supreme Court of Appeals/Board of Law Examiners for bar admission investigations

Legislative Description

Restricting access to crime records

Crime

Last Action

To Judiciary

3/4/2025

Committee Referrals

Judiciary3/4/2025

Full Bill Text

No bill text available