PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

(West Virginia – Form Petition)

[// GUIDANCE: This template is drafted for use in the Circuit Courts of West Virginia pursuant to W. Va. Code § 61-11-26 and related provisions. Customize all bracketed items, attach required exhibits, and conform to local court formatting rules (e.g., caption spacing, font, page limits).]

TABLE OF CONTENTS

1. Document Header
2. Definitions (Selected Terms)
3. Operative Allegations
4. Representations & Warranties of Petitioner
5. Prayer for Relief
6. Notice of Hearing (Optional – if permitted by court)
7. Certificate of Service
8. Verification / Affidavit of Petitioner
9. Execution Block
10. Proposed Order (attachment)

1. DOCUMENT HEADER

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA

STATE OF WEST VIRGINIA, )
Respondent, )
)
v. ) Criminal Action No.: [___]
)
[PETITIONER FULL LEGAL NAME], )
Petitioner. )
PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD
(Submitted pursuant to W. Va. Code § 61-11-26)

Effective Date: [DATE SUBMITTED]

2. DEFINITIONS (SELECTED TERMS)

“Applicable Statute” means W. Va. Code § 61-11-26 (as amended).
“Disposition Date” means the date on which final judgment of conviction, dismissal, or acquittal became final in the above-captioned matter.
“Petitioner” means [PETITIONER FULL LEGAL NAME], the individual seeking expungement.
“Relevant Agencies” means the West Virginia State Police Criminal Identification Bureau, the prosecuting attorney of [COUNTY] County, and any law-enforcement agency that made or maintains the record(s) at issue.

[// GUIDANCE: Add or delete defined terms as needed, ensuring consistency throughout.]

3. OPERATIVE ALLEGATIONS

1. Jurisdiction & Venue.
   a. This Court has subject-matter jurisdiction under the Applicable Statute.
   b. Venue is proper because the underlying criminal matter was adjudicated in this Circuit.

2. Identity of Petitioner.
   a. Full Name: [PETITIONER FULL LEGAL NAME]
   b. Date of Birth: [MM/DD/YYYY]
   c. Social Security No. (last four): [___]
   d. Current Address: [STREET, CITY, STATE, ZIP]

3. Criminal Record Sought to Be Expunged.
   a. Offense(s): [LIST CHARGE(S)]
   b. Original Case Number(s): [___]
   c. Date of Arrest: [___]
   d. Disposition Date: [___]
   e. Final Disposition: [e.g., “Guilty – Misdemeanor,” “Dismissed,” “Nolle Prosequi,” etc.]

4. Eligibility.
   Petitioner is eligible for expungement because:
   a. The offense(s) is/are eligible under the Applicable Statute;
   b. The waiting period of [X] years from completion of sentence and payment of all fines, costs, and restitution has elapsed;
   c. Petitioner has not been convicted of any additional disqualifying offense since the Disposition Date; and
   d. No criminal proceeding is presently pending against Petitioner.

[// GUIDANCE: Confirm waiting period—e.g., 1 year (single non-violent misdemeanor), 2 years (multiple misdemeanors), 5 years (non-violent felony). Cite only if certain.]

5. Compliance with Financial Obligations.
   All fines, costs, and restitution ordered in the underlying case have been paid in full as evidenced by the attached Exhibit “A” (Clerk’s payment ledger).

6. Employment & Character (optional but persuasive).
   Since the Disposition Date, Petitioner has:
   a. Maintained gainful employment at [EMPLOYER];
   b. Completed [EDUCATIONAL/REHABILITATIVE PROGRAM]; and
   c. Demonstrated good moral character, as attested in the character affidavits attached hereto as Exhibit “B.”

4. REPRESENTATIONS & WARRANTIES OF PETITIONER

Petitioner represents, warrants, and certifies to the Court and the Relevant Agencies that:

a. The information provided herein is true, correct, and complete to the best of Petitioner’s knowledge.
b. Petitioner will immediately notify the Court if any circumstance arises that would affect eligibility for expungement.
c. No material fact has been intentionally withheld or misrepresented.

[// GUIDANCE: False statements may constitute perjury; remind clients accordingly.]

5. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

1. Grant this Petition and enter the attached Proposed Order directing that:
   a. All official records related to the arrest, charge, and/or conviction described above be EXPUNGED or SEALED pursuant to the Applicable Statute;
   b. Access to the sealed record be restricted to (i) the Court, (ii) Petitioner’s counsel, and (iii) entities expressly authorized by law; and
   c. The West Virginia State Police Criminal Identification Bureau, the prosecuting attorney of [COUNTY] County, and all other Relevant Agencies comply with the expungement order within thirty (30) days of service.

2. Award such other and further relief as the Court deems just and proper.

6. NOTICE OF HEARING (Optional – if local rules require petitioner to set hearing)

PLEASE TAKE NOTICE that the undersigned will bring the foregoing Petition on for hearing before the Honorable [JUDGE NAME], Circuit Judge, in the [COUNTY] County Courthouse, [ADDRESS], on the ___ day of __________, 20___, at ___:___ __.m., or as soon thereafter as counsel may be heard.

[// GUIDANCE: Some circuits schedule hearings sua sponte; verify local practice.]

7. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __________, 20___, I served a true and correct copy of the foregoing Petition (with all exhibits) upon the following by United States mail, postage prepaid, and addressed as follows:

1. [NAME], Prosecuting Attorney, [COUNTY] County, [ADDRESS];
2. Superintendent, West Virginia State Police, Criminal Identification Bureau, 725 Jefferson Rd., South Charleston, WV 25309;
3. [ARRESTING AGENCY], Records Section, [ADDRESS].

_______________________________________
[ATTORNEY NAME], Counsel for Petitioner
WV State Bar No. [___]

8. VERIFICATION / AFFIDAVIT OF PETITIONER

STATE OF WEST VIRGINIA )
COUNTY OF [COUNTY] ) TO-WIT:

I, [PETITIONER FULL LEGAL NAME], after being duly sworn, depose and say that I am the Petitioner in the foregoing matter; that I have read the foregoing Petition for Expungement and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_______________________________________
[PETITIONER SIGNATURE]
Date: __________________________

Subscribed and sworn to before me this ___ day of __________, 20___.

_______________________________________
Notary Public
My commission expires: __________________

9. EXECUTION BLOCK

Respectfully submitted,

_______________________________________
[ATTORNEY NAME] (WVSB #☐)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner

Date: __________________________

10. PROPOSED ORDER (Attach as separate document if required)

[// GUIDANCE: Most courts prefer a stand-alone Proposed Order. Include findings of eligibility, directive to seal/expunge, service instructions, and signature line for the Judge.]

ADDITIONAL PRACTICAL NOTES

1. Exhibits:
   • Exhibit A – Proof of Satisfaction of Financial Obligations
   • Exhibit B – Character Affidavits (optional)
   • Exhibit C – Proposed Order (if not submitted separately)

2. Filing & Fees:
   • Confirm current filing fee with the Circuit Clerk; attach payment or fee waiver application.
   • Provide the Clerk with sufficient copies for service on all Relevant Agencies.

3. Hearing Preparation:
   • Be prepared to present evidence of eligibility (e.g., sentencing orders, payment receipts).
   • Anticipate and address any prosecutorial objections.

4. Post-Order Compliance:
   • Follow up with each agency 35–45 days after entry of the Order to verify record removal.
   • Advise client to retain certified copy of the Order; future disclosure is generally not required except as provided in the statute.

[// GUIDANCE: Always consult the latest version of W. Va. Code § 61-11-26 before filing to confirm waiting periods, qualifying offenses, and notice requirements.]