MARTINSBURG, W.Va. – West Virginia Senate is set to pass a bill for expungement of misdemeanors and nonviolent felonies, allowing otherwise law-abiding citizens a second chance at education and potential careers.
Coined “Jim’s Dream” by Governor Jim Justice, Jefferson County Prosecutor Matt Harvey said on ‘Panhandle Live’ the new bill is needed.
“West Virginia has a work shortage.”
Previously, the state’s expungement law greatly hindered an offender’s ability to expunge their record due to their age.
“The old law was you had to have committed the offense prior to turning 27. It was aimed at youthful indiscretions only.”
Now, with Senate bill 152, citizens who have committed misdemeanors or nonviolent crimes will be eligible for expungement regardless of their age. The new bill requires an offender to fill out a form before each proceeding, allowing them to explain their offence, and detail the actions the have taken to improve their lives.
However, limitation still apply. For those trying to expunge a single misdemeanor, they must wait one year after completing their sentence or finished their hours of supervision before applying for expungement. This bumps up to two years for multiple misdemeanors. For nonviolent felonies, offenders must wait 5 years before applying.
But Harvey noted the time between serving the sentence and receiving expungement can be drastically reduced if the offender presents proof of rehabilitation.
“If it’s a qualifying misdemeanor and you have a medically documented history of addiction [for example] and you successfully complete an area Program approved by the DHHR, or you graduate from a West Virginia Department of Education approved job readiness or adult training program, you can significantly cut those timelines down.”
In essence, as opposed to single misdemeanor offenders waiting one year before applying for expungement, with proof of rehabilitation they can apply immediately.
Harvey said this new bill is an incentive for the offender to seek help, as opposed to spending time behind bars.
The bill is set to pass June 1.
Story by Panhandle News Network’s Melanie Miller