Emergence From Civil Death: The Evolution of Expungement in West Virginia

23 Pages Posted: 2 Oct 2019

See all articles by Valena Elizabeth Beety

Valena Elizabeth Beety

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Honorable Michael J. Aloi

Government of the United States of America - Northern District of West Virginia

Evan John

West Virginia University - College of Law

Date Written: April 14, 2015

Abstract

This Article examines expungement in general, and the expungement statute in West Virginia in particular. Section I considers the historical basis of the West Virginia expungement statute, while Section II explains in detail the current West Virginia statute. Section III describes the collateral consequences of a criminal conviction in West Virginia, leading to incentives for modifying our expungement statute in Section IV. These benefits include supporting local economies and reducing recidivism. Section V concludes by comparing and contrasting West Virginia’s statute to other states and then by providing suggestions for modifying the West Virginia expungement statute. Support for reform of the statute comes from data on the impact of expungements on communities, on government fiscal responsibilities and capabilities, and on the ultimate impact on the functioning of our state criminal justice system. In line with the Justice Reinvestment Act, expungement reform is a next step along our path of broader prison changes in West Virginia.

Keywords: expungement, clemency, criminal, conviction

Suggested Citation

Beety, Valena Elizabeth and Aloi, Michael and John, Evan, Emergence From Civil Death: The Evolution of Expungement in West Virginia (April 14, 2015). West Virginia Law Review, Vol. 117, No. 63, 2015, Available at SSRN: https://ssrn.com/abstract=3457975

Valena Elizabeth Beety (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Michael Aloi

Government of the United States of America - Northern District of West Virginia

WV
United States

Evan John

West Virginia University - College of Law

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

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