West Virginia Code § 49-5-104

Confidentiality of juvenile records for children who become of age while
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a ward of the state or who have been transferred to adult criminal jurisdiction;
separate and secure location; penalties; damages; accessibility of records for child
victims of sex trafficking.
(a) One year after the juvenile's 18th birthday, or one year after personal or juvenile
jurisdiction has terminated, whichever is later, the records of a juvenile proeceeding
conducted under this chapter, including, but not limited to, law-enforcement files and
records, may be kept in a separate secure confidential place and the rercords may not be
inspected except by order of the circuit court.
(b) The records of a juvenile proceeding in which a juvenile was transferred to criminal
jurisdiction pursuant to §49-4-710 of this code shall be kept tin a separate secure confidential
place and the records may not be inspected except by order of the circuit court if the
juvenile is subsequently acquitted or found guilty only of an offense other than an offense
upon which the waiver or order of transfer was based, or if the offense upon which the
waiver or order of transfer was based is subsequently dismissed.
(c) To keep the confidentiality of juvenile records, they shall be returned to the circuit court
in which the case was pending and be kept in a separate confidential file. The records shall
be physically marked to show that thgey are to remain confidential and shall be securely kept
and filed in a manner so that no one can have access to determine the identity of the
juvenile, except upon order of ethe circuit court.
(d) Marking the juvenile records to show they are to remain confidential has the legal effect
of extinguishing the offense as if it never occurred.
(e) The records of a juvenile convicted under the criminal jurisdiction of the circuit court
pursuant to §49-4-710(d)(1) of this code may not be marked and kept as confidential.
(f) Any person who willfully violates this section is guilty of a misdemeanor and, upon
conviction, shall be fined not more than $1,000, or confined in jail for not more than six
months, or both so fined and confined, and is liable for damages in the amount of $300 or
actual damages, whichever is greater.
(g) Notwithstanding any other provision of this code, the records of a juvenile victim of sex
trafficking within the meaning of §61-14-1 et seq. of this code, may be immediately
accessible to the juvenile victim upon written request to the circuit court in which a juvenile
delinquency case was pending.

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