In re Petition of Mario Perito II for Expungement of Record

FILED April 22, 2022 EDYTHE NASH GAISER, CLERK No. 20-0325 – In re Petition of Mario Perito II for Expungement of Record SUPREME COURT OF APPEALS OF WEST VIRGINIA WOOTON, J., dissenting: In this opinion, a majority of the Court concludes that an individual who sought expungement of his criminal record before the Legislature enacted a statute authorizing the relief requested, and whose petition was denied for want of that authority, is forever barred from seeking expungement of his criminal record by operation of the doctrine of res judicata. I believe the majority’s analysis is flawed in two…