2022 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 14. Human Trafficking
§61-14-9. Petition to Vacate and Expunge Conviction or Juvenile Delinquency Adjudication of Sex Trafficking Victim
(a) Notwithstanding the age and criminal history limitations set forth in 61-11-26 of this code or the provisions in 49-4-103 of this code, an individual convicted of prostitution in violation of 61-8-5(b) of this code as a direct result of being a victim of trafficking, may apply by petition to the circuit court in the county of conviction or juvenile adjudication to vacate the conviction or adjudication of juvenile delinquency and expunge the record of conviction or record of adjudication of juvenile delinquency. The court may grant the petition upon a finding that the individuals participation in the offense was a direct result of being a victim of trafficking.
(b) A victim of trafficking seeking relief under this section is not required to complete any type of rehabilitation in order to obtain expungement.
(c) A petition filed under subsection (a) of this section, any hearing conducted on the petition, and any relief granted are subject to the procedural requirements of 61-11-26 of this code: Provided, That the age or criminal history limitations in that section and the provisions of 49-4-103 of this code are inapplicable to victims of human trafficking.
