West Virginia Code Chapter 61. Crimes and Their Punishment § 61-11-26a. Expungement of certain criminal convictions with approved treatment or recovery and job program

(1) Any person who has been convicted of a single misdemeanor that would be eligible for expungement pursuant to § 61-11-26 of this code and satisfies the requirements of this section, is eligible for expungement pursuant to § 61-11-26(a)(1) of this code upon successful compliance with an approved substance abuse treatment and recovery and counseling program for 90 days or upon completion of an approved job readiness adult training course, or both, if applicable, but after the completion of any sentence of incarceration or completion of any period of supervision, whichever is later in time.

(2) Any person who has been convicted of multiple misdemeanors that would be eligible for expungement pursuant to § 61-11-26 of this code and satisfies the requirements of this section is not eligible for expungement pursuant to § 61-11-26(a)(1) of this code until one year after the last conviction, completion of any sentence of incarceration, or completion of any period of supervision ordered for the last conviction, whichever is later in time.

(3) Any person who has been convicted of a nonviolent felony offense that would be eligible for expungement pursuant to § 61-11-26 of this code and satisfies the requirements of this section is not eligible for expungement pursuant to § 61-11-26(a)(2) of this code until three years after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is later in time.

(1) Documentation of compliance with an approved treatment or recovery and counseling program; and

(2) Certificate of graduation from an approved job readiness adult training course.