In Re: Petition of A.N.T. for Expungement of Records
238 W. Va. 701
| W. Va. | 2017Background
- In August 2014, petitioner A.N.T. discharged a single shot into the ground near residences after grabbing her husband’s service gun; four young children were at home. She pled no contest to misdemeanor discharge of a firearm within 500 feet of a dwelling as part of a plea agreement; a related domestic assault charge was dismissed.
- She was convicted in magistrate court, fined, and later sought expungement in Ohio County Circuit Court to avoid disclosure on an Ohio teacher-certification application.
- The circuit court acknowledged limited statutory authority but concluded "extraordinary circumstances" and the court’s inherent power justified expungement, and ordered all records sealed/expunged.
- The State appealed, arguing the circuit court lacked statutory or inherent authority to expunge records of a valid conviction maintained by the State Police Criminal Investigation Bureau.
- The Supreme Court of Appeals reviewed whether the circuit court erred in ordering expungement and whether any statutory provision or inherent judicial power authorized such relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had statutory authority to expunge A.N.T.’s criminal records | A.N.T.: statutory expungement warranted to avoid employment barriers; court discretion under expungement statutes | State: no statutory provision applies because conviction resulted from plea and involved a deadly weapon and petitioner was over statutory age limits | No — petitioner did not meet criteria of W.Va. Code §§ 61-11-25 or 61-11-26; statutory authority absent |
| Whether the circuit court had inherent power to expunge records of a valid conviction | A.N.T.: extraordinary circumstances (emotional distress at time of offense, recovery, employment harm) justify equitable expungement | State: inherent power is narrow; ordinary emotional distress and employment harm are not extraordinary; courts lack power absent statute | No — inherent power does not extend to expunging valid convictions for these circumstances |
| Whether emotional distress or employment barriers constitute "extraordinary circumstances" justifying expungement | A.N.T.: her mental state and career harm are extraordinary and equitable reasons for relief | State: such harms are common consequences of convictions and cannot overcome public interest in maintaining records | No — court held these are not extraordinary; expungement reserved for invalid arrests, harassment, unconstitutional statutes, etc. |
| Standard of review for expungement orders | N/A (procedural) | N/A | Abuse of discretion standard governs appellate review of circuit court expungement orders |
Key Cases Cited
- State ex rel. Barrick v. Stone, 201 W. Va. 569, 499 S.E.2d 298 (W. Va. 1997) (circuit courts lack power to expunge valid convictions maintained by State Police absent statute or extraordinary circumstances)
- U.S. v. Flowers, 389 F.3d 737 (7th Cir. 2004) (expungement is an extraordinary, narrowly applied remedy; denial/grant reviewed for abuse of discretion)
- Allen v. Webster, 742 F.2d 153 (4th Cir. 1984) (courts may deny expungement absent exceptional circumstances)