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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