It is possible that persons previously convicted of certain "nonviolent" felony offenses in West Virignia can have that conviction completely removed from their reocrd. For context, effective July 7, 2017, West Virignia's Second Chance for Employment Act enabled those previously convicted of "nonviolent" felonies to petition the Circuit Court of conviction for a "reduced misdemeanor". The individual desiring to have their previous felony conviction reduced to misdemeanor status must wait at least (10) years after the felony conviction, or at least (10) years after any term of probation or sentence has expired for that offense before they will be successful in obtaining the relief authorized by the Act.
The purpose of the Act was to improve the employment possibilities of West Virginians who have before been convicted of felony crime that was a) "nonviolent", b) did not involve the infliction of serious physical injury, c) was not a sex offense, d) did not involve the use or exhibition of dangerous or deadly instrument, e) was not a felony assault / battery, f) was not a felony domestic assault / battery, and g) was not a felony violation of W.Va. Code 17B-4-1 et seq. The Circuit Court petitioned does however reserve the right to deny the requested relief to a petitioner whose previous felony conviction is inconsistent with the purposes of the Second Chance for Employment Act.
If successful in their petition, those individuals who were previously convicted of a felony could have that conviction vacated, and all records relating to the prior offense would then reflect a disposition of "reduced misdemeanor". Importantly, after receiving a criminal offense reduction, the person whose felony offense was reduced to misdemeanor status was not obigated to disclose that he or she has a felony conviction on an employment application or credit application. They would have, however, been required to disclose the existence of a reduced misdemeanor conviction if asked about the prior convictions or crimes. The Act also provided certain protections to those employers hiring persons who have had their felony conviction reduced to misdemeanor status in the context of civil litigation.
It should be noted that this Act, which was codified by W.Va. Code 61-11B-1 et seq., states that "except as provided by the provisions of this article, the person shall not be deemed to have been convicted of any felony for any legal purpose or restrction." Notwithstanding, the reduction of a felony offense to a misdemeanor pursuant to West Virginia's Second Chance for Employment Act will not restore a persons right to own or possess firearms in accordance with Federal Law.
NOW WEST VIRGINIA ENABLES THOSE CONVICTED OF CERTAIN TYPES OR FELONIES OR MISDEMEANORS TO HAVE THE CONVICTION REMOVED FROM THEIR RECORD PURSUANT TO W.VA. CODE 61-11-26. THIS MEANS THAT IN CERTAIN CIRCUMSTANCES AND AFTER A PRESCRIBED PERIOD OF TIME FELONY CONVICTIONS MAY BE EXPUNGED BY A CIRCUIT COURT AND NOT MERELY REDUCED TO A MISDEMEANOR. CONTACT OUR FIRM TODAY TO SEE IF WE MAY BE ABLE TO HELP.
This article is for informational purposes only and should not be considered legal advice. This article is comprised of both fact and opinion. A person who desires to invoke legal process involving West Virginia's expungement procedures should consult with a West Virginia Attorney at Law of their choice beforehand. *Those seeking expungement should know that even if successful "gun rights" will not be restored under federal law.