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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Notwithstanding the provisions of § 61-11-26, § 61-11-26a, and § 62-16-1 et seq. of this code, no court or other tribunal has the authority to:
(1) Order the expungement of a conviction for a motor vehicle traffic control violation for a person who held a commercial driver's license or permit or who was operating a commercial motor vehicle at the time of the offense;
(2) Enter an order or take any action to mask a charge or conviction, divert a charge, or modify the records of a charge or conviction in a manner that would prevent an offense from appearing on an offender's commercial driving record; or
(3) Order the expungement of any conviction for driving under the influence of alcohol or controlled substances, as provided in § 61-11-26 of this code.
(b) Notwithstanding any other provision of this code, no court or other tribunal may enter an order or take any other action related to a motor vehicle traffic control offense that violates any applicable federal law or regulation, including, but not limited to:
(1) The requirements or conditions contained in 23 U.S.C. § 164 et seq. and 23 C.F.R. § 1275 et seq.; and
(2) The requirements or conditions contained in 49 U.S.C. § 31311 and 49 C.F.R. § 384 et seq.
Cite this article: FindLaw.com - West Virginia Code Chapter 61. Crimes and Their Punishment § 61-11-26b. Limitation on expungement for certain motor vehicle traffic control offenses - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-61-crimes-and-their-punishment/wv-code-sect-61-11-26b/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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