Review and Expunction of Central Registries and Reporting Records - West Virginia

Right of the Reported Person to Review and Challenge Records
Citation: Ann. Code § 49-4-601b  

Notwithstanding any provision of this code to the contrary, when the Department of Health and Human Resources substantiates an allegation of abuse and/or neglect against a person, but there is no judicial finding of abuse and/or neglect resulting from the allegation, the department shall provide written notice of the substantiation to the person by certified mail.

The person against whom an abuse and/or neglect allegation has been substantiated has the right to contest the substantiation by filing a grievance with the board of review of the department and has the right to appeal the decision of the board of review to the court, in accordance with the provisions of § 29A-5-1 et seq. regarding administrative appeals.

The department shall propose rules that shall include provisions for ensuring that a person against whom an allegation of abuse and/or neglect has been substantiated, but against whom there is no judicial finding of abuse and/or neglect, may file a grievance with the department and that they will have a full and fair opportunity to be heard. The rules also must include provisions requiring the department to remove a person's name from an abuse and/or neglect registry maintained by the department if a substantiated allegation is successfully challenged in the board of review or in a court.

When Records Must Be Expunged
Citation: Ann. Code § 49-4-601b  

When any allegation of abuse and/or neglect is substantiated and a petition for abuse and/or neglect could be filed and the department does not file a petition, all department records related to the allegation shall be sealed 1 year after the substantiation determination unless during the 1-year period another allegation of child abuse and/or neglect against the person is substantiated.

When an allegation of child abuse and/or neglect is substantiated, and a petition is filed with the circuit court does not end in an adjudication that abuse and/or neglect occurred, the allegation shall be considered to have been unsubstantiated.

When an allegation of child abuse and/or neglect is substantiated and a judicial determination of child abuse and/or neglect is found, a person may petition the circuit court that found the person to be an abusing parent to have their department record sealed after no less than 5 years have elapsed since the finding of abuse and/or neglect is rendered. However, a petition may not be filed if the person had been the subject of a substantiated allegation of abuse and/or neglect during the time after the finding and prior to the filing of the petition.