As amended through January 31, 2024
Rule 50 - Sealing Juvenile Records(a)Generally. The records of juveniles charged with a delinquency or status offense should not follow the juvenile for the rest of his or her life. These records are sealed by the court to protect the rights of the juvenile when they reach adulthood. The records of juvenile proceedings conducted under Chapter 49 of the West Virginia Code should be sealed: (1) one year after the juvenile's 18th birthday, or(2) one year after personal or juvenile jurisdiction of the court is terminated, whichever is later, pursuant to W.Va. Code § 49-5-104. (b) Records of Proceedings Transferred to Criminal Jurisdiction. The records of a juvenile proceeding transferred to criminal jurisdiction are open to the public. Provided, these records should be sealed under the following circumstances: (1) the juvenile is acquitted;(2) the juvenile is found guilty of an offense other than offense upon which the waiver or order of transfer was granted; or(3) the offense upon which the waiver or order of transfer was granted is subsequently dismissed.(c) Effect. When the record of a juvenile proceeding is sealed by the court it has the legal effect of extinguishing the offense as if it never occurred. Once the record of a juvenile is sealed, it may only be opened by order of the circuit court.(d) Sealing Process. To seal juvenile records, they should be returned to the circuit clerk to be kept in a confidential and sealed file, marked as sealed and stored in a secure location accessible only by clerk staff.