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Legislators in West Virginia are reviewing a bill that would expunge certain types of non-violent criminal convictions.

House Bill 3289

West Virginia’s House Bill 3289 (HB3289) is a proposed law that would create expungement opportunities for residents who have various types of criminal records. If is passes, then individuals who have one or more misdemeanors or a non-violent felony might be eligible for expunction if they:

• Can show documented proof of successful compliance with a substance abuse treatment or recovery and counseling program which is approved by the Secretary of the Department of Health.
• Graduated from a job readiness adult training course that is approved by the West Virginia Department of Education.
• Completed a court authorized drug treatment program.
• Went through any combination of the above programs or courses.

Qualifications

If an individual has one misdemeanor and otherwise satisfies the requirements of the proposed bill, then they will be eligible for expunction after completing any sentence of incarceration and/or supervision. People who have multiple misdemeanors and otherwise satisfy the requirements would be required to wait for one year. A person who has an eligible felony could be allowed to have that record expunged three years after completing their sentence and any subsequent period of supervision.

HB3289 says that a person who petitions for expungement may also be required to provide one of the following:

• Documentation that shows compliance with an approved treatment or recovery and counseling program.
• Certificate of graduation from an authorized job readiness adult training course.
• Certificate of completion of a drug court treatment pursuant.

Petitioners must pay a $100 fee to the West Virginia State Police to cover the cost of processing their request.

What Employers Should Know

Employers in West Virginia should be aware of HB3289 and know that if it is signed into law, then many residents could become eligible to have various criminal records sealed. When that happens, those records may not be considered by organizations while they are making employment or other decisions about consumers. The person who had the record is allowed to act as if it never occurred.

Every employer should know that laws which are intended to give formerly incarcerated individuals second chances are becoming more common throughout the country. To help hiring managers avoid inadvertently reviewing records after they have been expunged, it is advisable for employers to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must undergo a thorough audit and prove that they follow reasonable procedures to only provide current, reportable records before they may be accredited.

Employment Background Checks

There are numerous laws that are intended to create second chances for people who have criminal records, but employers everywhere are strongly encouraged to run comprehensive background checks. These reports help hiring managers make informed decisions, maintain safe workplaces and conduct due diligence practices.

Backgrounds Online is a PBSA accredited CRA based in California. Our knowledgeable, service-first team can help you customize screening packages that meet your specific needs, comply with relevant laws and adhere to industry requirements. We are available to assist you Monday through Friday from 5am to 6pm PT.