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

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: CPS Pol. Man. § 6.1

A person may request a hearing any time that he or she feels aggrieved by an action taken by the Department of Health and Human Services. This can be done either verbally or in written format. It is important that when a person expresses a wish to have a hearing that the appropriate forms are completed and timely submitted to the Board of Review.

When a person wishes to appeal a substantiation of maltreatment, the appropriate form must be used. Within 2 business days from receipt of a completed and signed form, the local office will submit the form via email to the regional program manager or his/her designee(s) for review. If a notice of findings and/or adjudication order was issued and can be accessed, a copy of that document will be sent with the form. The regional staff member or designee will review the finding(s) and make a decision within 15 days from receipt of the form.

If the decision is to reverse/remove the finding(s), the regional staff member will indicate approval of an override on the form and return the form to the local office. The local office will then send notice of the override decision to the person within 5 business days.

If the decision is to deny the request for reversal on at least one of the findings, the regional staff will so indicate on the form and will forward the form with any associated notice letter(s) or adjudication orders by email to the Board of Review within 2 business days from the reconsideration decision date entered on the form.

When Records Must Be Expunged

Citation: Ann. Code §§ 15-2C-5; 15-13-4

Registry listings of abuse, neglect, or misappropriation of property with respect to an individual shall promptly be expunged in cases where a conviction is vacated or overturned following appeal by a court having jurisdiction, where the record of a conviction is expunged by a court having jurisdiction, or in cases where the individual so convicted is granted executive clemency with respect to the conviction.

A person whose conviction is overturned for the offense which required them to register under this article shall, upon petition to the court, have their name removed from the registry.