West Virginia Code § 61-11-26b

Limitation on expungement for certain motor vehicle traffic control
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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 driver's license or permit or who was operating a commercial
motor vehicle at the time of the offense;
(2) Enter an order or take any action to mask a charge or convicution, divert a charge, or
modify the records of a charge or conviction in a manner that would prevent an offense from
appearing on an offender's commercial driving record; or
(3) Order the expungement of any conviction for drivinag under the influence of alcohol or
controlled substances, as provided in §61-11-26 of this code.
(b) Notwithstanding any other provision of this code, no court or other tribunal may enter an
order or take any other action related to a motor vehicle traffic control offense that violates
any applicable federal law or regulation, inicluding, but not limited to:
(1) The requirements or conditions contained in 23 U.S.C. §164 et seq. and 23 C.F.R. § 1275
et seq.; and
(2) The requirements or conditions contained in 49 U.S.C. § 31311 and 49 C.F.R. § 384 et
seq.

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