HOUSE CONCURRENT RESOLUTION NO. 96

(By Delegates Fleischauer, Amores, Beach, Caputo, Craig, Fragale, Hall, Hatfield, Hrutkay, Iaquinta, Kominar, Leach, Manchin, Morgan, Renner, Smirl, Susman, Trump and Warner)


[Introduced March 8, 2003; referred to the

Committee on Rules.]


Requesting the Committee on Judiciary to conduct a study on misdemeanors, looking into the possibility of expungement of a criminal record for first-time nonviolent misdemeanor offenses, for employment purposes only, after a period of three years, in which no subsequent convictions have occurred.

Whereas, Many people have at one time or another committed an irresponsible and/or juvenile action; and
Whereas, The irresponsible and/or juvenile action may have had an unintended consequence of violating the laws of the State; and
Whereas, Many citizens who at one time committed a minor violation of the law have now become well respected, upstanding citizens of their communities; and
Whereas, A misdemeanor criminal conviction on their criminal record may hinder them from receiving financial aid, jobs and/or accepting positions that they would otherwise be more than qualified for and actually excel at; therefore, be it
Resolved by the Legislature of West Virginia:
The Legislature should explore the possibilities of expunging first offense convictions of nonviolent misdemeanors, for employment purposes only, after three years in which no subsequent convictions have occurred; and, be it
Further Resolved, That the Committee on Judiciary is hereby requested to study the benefits and possible downfalls that may be created by expunging first offense convictions of nonviolent misdemeanors, for employment purposes only, after three years in which no further convictions occurred; and, be it
Further Resolved, That the Committee on Judiciary report to the regular session of the Legislature, 2004, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Committee on Judiciary.