§61-11-25. Expungement of Criminal Records for Those Found Not Guilty of Crimes or Against Whom Charges Have Been Dismissed
(a) Any person who has been charged with a criminal offense under the laws of this state and who has been found not guilty of the offense, or against whom charges have been dismissed, and not in exchange for a guilty plea to another offense, may file a civil petition in the circuit court in […]
§61-11-26. Expungement of Certain Criminal Convictions; Procedures; Effect
(a) Eligibility for expungement. (1) Misdemeanors.
§61-11-11. Offense Committed on County Boundary
An offense committed on the boundary of any two counties may be alleged to have been committed, and may be prosecuted and punished, in either county.
§61-11-26a. Expungement of Certain Criminal Convictions With Approved Treatment or Recovery and Job Program
(a) Notwithstanding any provisions of 61-11-26 of this code to the contrary, any person who has been convicted of a nonviolent felony offense or multiple misdemeanors and that would be eligible for expungement pursuant to the provisions of 61-11-26 of this code and who: (1) Has a medically documented history of substance abuse and of […]
§61-11-12. Venue of Offense Committed in More Than One County
When an offense is committed partly in one county and partly in one or more other counties within this state, it may be alleged that the offense was committed and the accused may be tried in any one county in which any substantial element of the offense occurred.
§61-11-26b. Limitation on Expungement for Certain Motor Vehicle Traffic Control Offenses
(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 drivers license or permit or who was operating a commercial motor […]
§61-11-13. Former Acquittal on Merits
A person acquitted by the jury upon the facts and merits on a former trial may plead such acquittal in bar of a second prosecution for the same offense, notwithstanding any defect in the form or substance of the indictment or accusation on which he was acquitted.
§61-11-14. Acquittal for Variance or Insufficient Indictment
A person acquitted of an offense, on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again upon a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding […]
§61-11-2. Capital Punishment Abolished
Capital punishment is hereby abolished for all offenses against the laws of the State of West Virginia, and no person heretofore or hereafter convicted of any offense in violation of said laws shall be executed, irrespective of whether the crime was committed, the conviction had, or the sentence imposed, before or after the enactment of […]
§61-11-3. Punishment for Common-Law Offenses
A common-law offense for which punishment is prescribed by statute shall be punished only in the mode so prescribed.