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Introduced Version - Originating in Committee Senate Bill 149 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 149

(By Senators Wooton, Ball, Dittmar, Kessler, Mitchell, Ross and

Snyder)

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[Originating in the Committee on the Judiciary;


reported January 15, 1999.]

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A BILL to amend article one, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to expungement of criminal records of persons receiving a full, unconditional pardon from the governor.

Be it enacted by the Legislature of West Virginia:
That article one, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen-a, to read as follows:
ARTICLE 1. THE GOVERNOR.
§5-1-16a. Expungement of criminal record upon full and unconditional pardon.

(a) Any person who has received, pursuant to the provisions of section eleven, article VII of the constitution of West Virginia and section sixteen of this article, a full and unconditional pardon from the governor may, by petition to the circuit court of conviction, have the record of such conviction expunged. The circuit court, upon receipt of the petition and verification of the act of pardon, shall enter an order directing that all public record of the petitioner's conviction be expunged.
(b) The effect of an order of expungement entered pursuant to the provisions of this section shall be to restore such person in contemplation of law to the status he or she occupied prior to the conviction.
(c) No person shall be eligible for expungement pursuant to this section until two years after having been pardoned.
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(NOTE: The purpose of this bill is to expunge criminal records of person receiving a full, unconditional pardon from the governor.

This section is new; therefore, strike-throughs and underscoring have been omitted.)
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