State v. A.D. (Signed Opinion)Annotate this Case
The Supreme Court reversed the final order of the circuit court denying Petitioner's petition for expungement of her felony charge, holding that Petitioner was entitled to mandatory expungement of her felony record under W. Va. Code 60A-4-407(b).
Petitioner was a first-time offender whose drug-related offense to which she pled guilty involved distributing less than fifteen grams of marijuana without remuneration. Petitioner served a term of probation and satisfied all requirements of section 60A-4-407(b), and the case against her was dismissed. Petitioner later petitioned for expungement of her felony charge. The circuit court denied the petition on the ground that W. Va. Code 61-11-25 does not allow for the expungement of offenses that are dismissed in exchange for a guilty plea to another offense. The Supreme Court reversed, holding that W. Va. Code 60A-4-402(c) mandates that if a defendant who has been found guilty of a first offense for distributing less than fifteen grams of marijuana without any remuneration and satisfies the conditions of section 60A-4-407 then the defendant is entitled to expungement of any record of her arrest directly connected to the offense.