IN THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA KANAWHA
Circuit Court Case No.
IN RE: Expungement of Record of:
PERSONA,
Petitioner (First/Middle/Last)
Magistrate Court Case No. Conviction Date:
_________________
Address: DOB: / /
Phone No.
PETITION FOR EXPUNGEMENT OF MISDEMEANOR VIOLATIONS AND TRAFFIC CITATIONS
- Va. Code §61-11-26 and §61-11-26(a)
Comes now the petitioner, pro se, pursuant to §61-11-26 and/or §61-11-26a to expunge the following misdemeanors in the above referenced case:
CHARGE: CHARGE: CHARGE: CHARGE:
________________ CASE NO.:
CASE NO.:
CASE NO.:
CASE NO.:
In Support of this Petition, the Petitioner states as follows:
- The charge(s) noted above are not excluded under §61-11-26(c).
- Petitioner has no pending charges at this time.
- Petitioner has completed eligibility requirements for expungement as prescribed by one of the below: For the expungement under WV Code §61-11-26 of a single above listed and described misdemeanor conviction or traffic citations(s), one year has passed since the completion of petitioner’s sentence and any period of supervision. The date of eligibility is: .
For the expungement under WV Code §61-11-26 of multiple above listed and described misdemeanor convictions or traffic citation(s), two years have passed since any conviction and the completion of
.
petitioner’s sentence and any period of supervision. The date of eligibility is:
For the expungement under WV Code §61-11-26 of a single above listed and described misdemeanor ✔
conviction or traffic citation(s), where the petitioner satisfies the requirements of §61-11-26a(1) or §61-11-26a(2), or both, if applicable, following the completion of petitioner’s sentence and any period JANUARY 11, 2022
of supervision. The date of eligibility is: documentation required under §61-11-26a(b).
. Petitioner must provide
For the expungement under WV Code §61-11-26 of multiple above listed and described misdemeanor convictions or traffic citation(s), where the petitioner satisfies the requirements of §61-11-26a(1) or §61-11-26a(2), or both, if applicable, one year has passed since any conviction and completion of
.
petitioner’s sentence and any period of supervision. The date of eligibility is: Petitioner must provide documentation required under §61-11-26a(b).
SCA-C906: Petition for Expungement of Misdemeanor Violations
Revised: 06/04/2019; WVSCA Approved: 06/04/2019 Page 1 of 4
- Petitioner’s current name, previous names, and all aliases:
Chasity Dawn Pignanelli
.
- All of petitioner’s addresses from the date of offense to current:
___________________________
.
- Date of arrest:
March 20, 2020
- Petitioner was convicted on the following charges:
61-02-09(C): Battery – Making physical contact of insulting/provoking nature/causing physical harm to another
.
- Name(s) of victim(s) if applicable:
PERSONA,
.
- Is there a current order for restitution, protection, restraining order or other no contact order prohibiting the petitioner from contacting victim(s)?
Yes (If yes, attach copy of order to this petition)
✔
No
Was there a prior order for restitution, protection, restraining order or other no contact order prohibiting the petitioner from contacting victim(s)?
Yes
✔
No
- The Court’s verdict and punishment imposed was:
Fine of $10; costs and fees of $170.25
.
- Grounds for expungement request, including but not limited to employment or licensure purposes
(please explain in detail):
Chasity is currently out of work. In trying to find a job, the above record is
a hurdle as potential employers disqualify her based on that record. Chasity would like the record expunged so she can find work to sustain herself like every other citizen.
.
- Steps petitioner has taken since the time of the offense towards personal rehabilitation, including treatment, work, or other personal history that demonstrates rehabilitation (please explain in detail):
By nature, Chasity is not a violent person. The conviction was her first one. She deeply regrets her actions on the fateful day. Since the conviction, Chasity resolved not to act in any manner that constitutes battery. She has not engaged in any other act contrary to the law, been arrested or charged with any offense again.
SCA-C906: Petition for Expungement of Misdemeanor Violations
Revised: 06/04/2019; WVSCA Approved: 06/04/2019 Page 2 of 4
- Has petitioner ever been granted expungement or similar relief regarding a criminal conviction by any court in this state, in any other state, or by any federal court?
Yes
✔
No
- Petitioner has attached any supporting documentation, sworn statements, affidavits, and/or other information supporting the petition to expunge.
Wherefore, pursuant to WV Code §61-11-26, the petitioner respectfully requests that this Honorable Court expunge the conviction(s), and the records associated therewith, as provided in this petition.
Signature of Petitioner
VERIFICATION
after making an oath or affirmation to tell the truth, say that the I, PERSONA,
facts I have stated in this Petition are true to the best of my personal knowledge and belief; and if I have provided information given to me by others, I believe that information to be true.
Signature of Petitioner Date
This Verification was sworn to or affirmed before me on the day of , 20.
Notary Public/Other Official
My commission expires: .
SCA-C906: Petition for Expungement of Misdemeanor Violations
Revised: 06/04/2019; WVSCA Approved: 06/04/2019 Page 3 of 4
PERSONA,
CERTIFICATE OF SERVICE
I, , do hereby certify that I have, on this day of , 20 , given a true and correct copy of the foregoing Petition For Expungement Of Criminal Records as Provided Under W.Va. Code § 61-11-26 and/or West Virginia Code §61-11-26(a) with all attached supporting documentation to:
The Superintendent of the State Police, at
ADDRESS_____________________
The County Prosecuting Attorney’s Office, at FAYETTE
_________________________
The Chief of Police (or other Executive Head of the Municipal Police Department where the offense(s) were committed, at
__________________________
- The Chief Law Enforcement Officer of any other Law Enforcement Agency which participated in the arrest (if applicable), at
The Superintendent or Warden of any institution in which Petitioner was confined (if applicable) at 5.
The Circuit Court that disposed of the Petitioner’s criminal charges (if applicable) at
The Magistrate Court that disposed of the Petitioner’s criminal charges (if applicable) at 7.
_____________________
The Municipal Court that disposed of the Petitioner’s criminal charges (if applicable) at
By the following method:
First Class Mail
Hand Delivery
Certified Mail – Return Receipt
Date Signature of Petitioner
SCA-C906: Petition for Expungement of Misdemeanor Violations
Revised: 06/04/2019; WVSCA Approved: 06/04/2019 Page 4 of 4
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