West Virginia Motion To Seal Juvenile Records

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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

?Juvenile delinquent? means a juvenile who has been adjudicated as one who commits an act which would be a crime under state law or a municipal ordinance if committed by an adult.

The records of juvenile proceedings conducted under Chapter 49 of the West Virginia Code should be sealed: one year after the juvenile's 18th birthday, or. one year after personal or juvenile jurisdiction of the court is terminated, whichever is later, pursuant to W.Va.

Definitions of Age Matrix Terms: StateCivil Age of MajorityAge Juvenile Case Can Be Transferred to Adult CourtVirgin Islands1814Virginia1814Washington1812West Virginia1814, rebuttable presumption to be incompetent if under 14 years of age48 more rows

In most cases, records are destroyed once the minor turns 19 and at least five years have passed since the final hearing. One major difference is if the minor has committed a crime that would be a felony if they were an adult. In that case, the records remain public.

West Virginia is one of several states with a so-called ?second chance? law. It lets people with a felony criminal record appeal to a judge to reduce their charge to a misdemeanor.

The records of a juvenile found guilty of a delinquent act which would be a felony are not destroyed. If a juvenile is found not guilty of a misdemeanor offense, he or she may request in writing for early destruction of the records. The expungement of criminal records is defined in the Code of Virginia §16.1-306.

W. Va. Code § 49-4-702(b)(2). In truancy and other status offense matters, a referral is not mandatory if the juvenile has a prior adjudication for a status or delinquency offense, or if there is a significant and likely risk of harm to the juvenile, a family member, or the public.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

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West Virginia Motion To Seal Juvenile Records