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If a convicted felon seeks to restore gun ownership rights, the court must find them competent, as well as capable, of exercising those rights responsibly. Aside from recent potential changes in West Virginia's laws, a 2013 law allows felons to regain their gun rights if the prohibiting conviction can be expunged.

(a) Any person who has been charged with a criminal offense under the laws of this state and who has been found not guilty of the offense, or against whom charges have been dismissed, and not in exchange for a guilty plea to another offense, may file a civil petition in the circuit court in which the charges were filed ...

The filing fee is $98.00; once your case is entered you will receive a case number. Any future documents should have this number on them. Once your case is filed; service will be issued to the Commonwealth of Virginia. You will be given a copy of your documents to take to the State Police for fingerprints.

The West Virginia Freedom of Information Act (FOIA) allows the public to request records from state and local government agencies, including judicial, executive, and legislative bodies. No statement of purpose is needed when making a FOIA request.

Under West Virginia Code §61-11-26, a person may petition the circuit court in the county where the conviction or convictions occurred. A person is eligible for expungement one (1) year after the conviction and completion of any sentence of incarceration and any period of supervision.

West Virginia law requires that a petition to expunge a conviction is served on the superintendent of the state police, the prosecuting attorney, the chief of police, the warden where you were incarcerated, and the court where your case was handled.